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April 12, 2012

Appellate Court smacks down ESD, upholds decision ordering new study of long-term Atlantic Yards impact, requires new approval of Phase II

Atlantic Yards Report

(This will be updated.)

In a unanimous decision with almost no chance for appeal, a state appellate court has unanimously upheld a lower court's decision to require the state to conduct a Supplemental Environmental Impact Statement regarding the second phase of Atlantic Yards and to re-approve the second phase.

In other words, the state should not have misled the public with its irrational insistence that Atlantic Yards could be built in a decade rather than, as is likely, a much longer period, even 25 years, as allowed by a belatedly released Development Agreement.

Nor did the state analyze the possibility of a scenario "in which area residents must tolerate vacant lots, above-ground arena parking, and Phase II construction staging for decades."

The case, known as Matter of Develop Don't Destroy (Brooklyn), Inc. v Empire State Dev. Corp., involves two sets of petitioners, a coalition led by Develop Don't Destroy Brooklyn and another led by members of Brooklyn Speaks. Both the Empire State Development Corporation (aka Empire State Development) and Forest City Ratner were defendants.

The decision has no impact on the Barclays Center arena, but complicates Forest City Ratner's plans regarding Phase II and casts a further shadow over the questionable approval process for the project. It also endorses skepticism about whether the promised jobs and affordable housing will be delivered in the long-promised ten years.

The defendants can appeal, but given the unanimous decision and the emphatic language, it's very unlikely.

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Posted by eric at April 12, 2012 12:42 PM