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September 14, 2011

ESDC, Forest City to appeal state court judge's ruling that requires Supplemental Environmental Impact Statement; legislators had asked state to comply with decision

Atlantic Yards Report

When it comes to Atlantic Yards and New York State government, everything is Status Cuomo.

Does the impact of extended Atlantic Yards construction, which could last 25 years, need to be studied further?

No, say the Empire State Development Corporation (ESDC) and Forest City Ratner. They're appealing two decisions made by state Supreme Court Justice Marcy Friedman--strong criticisms of the state's processes--leading to 7/13/11 ruling and order that the ESDC conduct further environmental review, including a Supplemental Environmental Impact Statement (SEIS).

The defense argument, as described further below, is that it was "rational in all respects, and adequately supported by the record" for the state to assume a ten-year buildout and to assume that no significant adverse environmental impacts had not already been analyzed.

The question for the appellate court is whether, indeed, it was "rational"--not clear and convincing but simply "rational." That's a very low bar for a state agency to meet in an environmental review proceeding, which is why Friedman's rulings against the state were unusual.

The petitioners--in two combined cases--include civic groups organized by BrooklynSpeaks and Develop Don't Destroy Brooklyn (DDDB), as well as several individuals and local elected officials. The appeal decision was announced yesterday by BrooklynSpeaks, which in recent months has taken more of a leading role in the litigation.

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Posted by eric at September 14, 2011 1:29 PM