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March 21, 2006
PRESS RELEASE
Sierra Club Joins NYPIRG Amicus Brief Supporting Lower Court Decision to Disqualify ESDC's Conflicted Attorney
Appellate Court Still to Decide to Grant Sierra Club Status as Amicus
For Immediate Release: Tuesday, March 21, 2006
MANHATTAN, NY–The Appellate Division, First Department of New York, today granted the Sierra Club's motion to join The New York Public Interest Research Group (NYPIRG) in their request for amicus or "friend of the court" status in support of New York Supreme Court Justice Carol Edmead’s decision to disqualify a lawyer in the environmental review of Forest City Ratner’s "Atlantic Yards" proposal.
Justice Edmead based her finding of a conflict of interest on lawyer David Paget’s representation of first Forest City Ratner (FCR, the proposal's developer) and then Empire State Development Corporation (ESDC, the project reviewer) on the same "Atlantic Yards" proposal.
"Sierra Club and its nationwide membership understand the importance of this case specifically to ensure a fair environmental review of Forest City's 'Atlantic Yards' proposal and more broadly for the future integrity and transparency of New York State's environmental review procedures. The Sierra Club’s particular interest in this case and its issues stems from the erosion of protections for public health and the environment under the State Environmental Quality Review Act (SEQRA)," said Timothy J.W. Logan, chair of the Sierra Club-NYC Group. "We are encouraged that the Court granted our motion to join NYPIRG in support of the lower court's enlightened decision to remedy ESDC's conflict of interest. We fully expect Justice Edmead's decision to stand on its merits."
The Sierra Club is a national, nonprofit organization of approximately 750,000 members, and is dedicated to exploring, enjoying, and protecting the wild places of the earth; to practicing and promoting the responsible use of the earth’s ecosystems and resources; to educating and enlisting humanity to protect and restore the quality of the natural and human environment; and to using all lawful means to carry out these objectives. The Atlantic Chapter of the Sierra Club has approximately 44,000 members in the state of New York, and the Sierra Club's New York City Group has approximately 15,000 members.
The original suit, filed by Develop Don’t Destroy Brooklyn (DDDB) and over a dozen co-plaintiff community based organizations, was heard and decided on February 14th. "How can ESDC take a 'hard look' at the environmental impact statement for the Ratner proposal if it hires the very same lawyer who is helping prepare it and has represented the developer on the same project?" said Develop Don't Destroy Brooklyn spokesman Daniel Goldstein. "The agency has a clear conflict of interest."
The ESDC appealed Justice Edmead’s decision and the appeal will be heard at 2pm on March 23rd at the Appellate Division Courtroom (Manhattan, 27 Madison Avenue at 25th Street)
The brief can be found online here: http://www.dddb.net/litigation/index.html#amicushttp://www.dddb.net/litigation/index.html#amicus
The Sierra Club’s concerns encompass a broad range of issues related to the protection and preservation of the public’s health and the environment. Forest City Ratner's proposed "Atlantic Yards" development and takings of surrounding properties for additional development currently fails to adequately address or mitigate environmental concerns associated with said development. The Sierra Club’s particular interest in this case and the issues which the case concerns stem from the erosion of protections for public health and the environment under the State Environmental Quality Review Act (SEQRA).
DEVELOP DON’T DESTROY BROOKLYN leads a broad-based community coalition fighting for development that will unite our communities instead of dividing and destroying them. www.developdontdestroy.org
Sierra Club. Contact: Timothy J. W. Logan, Chair, Sierra Club-NYC Group. 718-208-8864 Develop Don't Destroy Brooklyn. Contact: Daniel Goldstein, DDDB. 917-701-3056
Posted by lumi at March 21, 2006 2:50 PM