The petitioners have named FCRC, the Empire State Development Corp., the Public Authorities Control Board and the MTA as defendants and are requesting a new environmental impact study be conducted by the ESDC. They would also like the PACB to vote again once that study is completed. The ESDC conducted the original FEIS and the PACB approved the project in December.

"The ESDC's rush to reach the pre-determined outcome of its Atlantic Yards review before the end of the Pataki administration led to a fatally flawed environmental review, and violations of its statutory procedures and responsibilities," says attorney Jeffrey Baker, in a statement. "Our suit seeks to annul the environmental review and approval of Atlantic Yards by Charles Gargano's Empire State Development Corp., the Public Authorities Control Board, and the MTA, necessitating a fresh look from Gov. Spitzer, his new ESDC and MTA, and the PACB."

The lawsuit will likely force demolition crews to postpone the beginning construction phase. "The preliminary injunction sought by this lawsuit would postpone demolition while protecting my community and constituents for intimidating and premature destruction," says councilwoman Letitia James, who represents the Atlantic Yards area district. "Once the buildings are torn down they cannot be put back, and the injury to the community--a landscape of empty lots and 'interim surface parking' lots, plus the loss of the familiar buildings that comprise their neighborhood--is irreparable."