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November 10, 2010
Judge sides with Atlantic Yards opponents on environmental review, rips ESDC for 'another failure of transparency'
The Brooklyn Blog [NYPost.com]
by Rich Calder
A state judge today ordered the Empire State Development Corp. to revisit its environmental review for Brooklyn’s Atlantic Yards project, saying the 10-year build-out plan it is working off of isn’t justified and that new findings are needed.
...In today’s decision, Friedman also ripped ESDC for not being forthright and providing her with a copy of the Master Development Agreement.
Related coverage...
7online.com, Judge rips environmental review of Atlantic Yards
A New York judge is ripping into state officials for mishandling the environmental review of the Atlantic Yards project.
Bergen Record, Judge agrees to hear further arguments in Atlantic Yards case
Opponents of the multibillion-dollar Atlantic Yards project — part of which includes the Nets’ new arena planned for a 2012 opening — won a rare court victory Tuesday, when a state Supreme Court justice agreed to accept further arguments in a long-running court case.
Develop Don’t Destroy Brooklyn and other opponents have argued that the Empire State Development Corp. for months withheld from the court that the development agreement had been amended to allow a 25-year build-out for most of the project.
Supreme Court Judge Marcy Friedman agreed in the 21-page ruling, saying that the state agency must offer an explanation why a new environmental review — which could substantially stall the project — is not needed, even though the previous 10-year deadline is no longer in effect.
...Develop Don’t Destroy official Candace Carpenter called on ESDC to “suspend all construction on the project” in light of the ruling.
Prospect Heights Patch, Judge Rules in Favor of Atlantic Yards Critics
In her opinion, Justice Marcy Friedman wrote that the Modified General Project Plan, which says Atlantic Yards developer Forest City Ratner Companies will need far longer to complete the Atlantic Yards development than was initially approved in 2006, raises "a substantial question as to whether ESDC's continuing use of the 10 year build-out has a rational basis."
Bloomberg Businessweek, Atlantic Yards Judge Questions Environmental Review
A New York state court judge ordered Empire State Development Corp. to re-examine whether a further environmental review is needed for the Atlantic Yards project in Brooklyn that will include offices, housing and a sports arena.
...“Nothing was announced today that’s going to impact construction,” Jeff Linton, a spokesman for Cleveland-based Forest City Enterprises, said in a phone interview.
The Brooklyn Paper, Yards foes win a big case that will not likely change a thing
The state agency overseeing the Atlantic Yards mega-development purposefully withheld information on the project’s timetable to avoid having to reexamine the project’s negative impacts, a judge ruled on Tuesday in what appears to be a meaningless victory for foes of Bruce Ratner’s project.
...Still, opponents were glowing over their first major court victory in the seven-year saga to block Bruce Ratner’s 22-acre, 16-tower mini-city sprawling east from the intersection of Flatbush and Atlantic avenues.
...“The record … lacks any expert opinion or analysis of the impact of a potential 25-year delay in completion of the project,” wrote Friedman in her ruling.
NY Daily News (Your Borough), Top state court rips agency over Atlantic Yards timetable
Reuters, NY agency must revisit Atlantic Yards impact: judge
Posted by eric at November 10, 2010 9:17 AM