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December 14, 2006

ESDC "carefully considered" post-FEIS comments, but won't release them (or responses)

Atlantic Yards Report

Here's the next installment in the cat-and-mouse game in which the Empire State Development Corporation claims that they will release documents, but only if you make them:

Though the Empire State Development Corporation (ESDC) invited public comment on the Atlantic Yards Final Environmental Impact Statement (FEIS), it won't immediately make public those nine letters nor the agency's responses, which essentially dismissed the concerns expressed.

Rather, in a contradiction of ESDC Chairman Charles Gargano's comments on Friday, the agency directed me to file a Freedom of Information Law (FOIL) request, which would delay the process until after Public Authorities Control Board (PACB) vote scheduled for December 20. Gargano, when asked at a press conference whether the agency could supply the documents to me, had said "of course."

By contrast, the ESDC in the FEIS made public a huge volume of comments and responses. Commented attorney Jeff Baker, who represents Develop Don't Destroy Brooklyn (DDDB) and is a veteran of state environmental reviews, "Of course they should be public. There is no legal requirement for formal publication of the comments and responses, like the comments on the Draft EIS published in the FEIS. However, they are public records and must be made public."

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Posted by lumi at December 14, 2006 8:59 AM