Petitioners Attempt to Block Atlantic Yards

BROOKLYN, NY-Petitioners, 26 in total, have filed with the New York Supreme Court an Article 78 and Declaratory Judgment lawsuit in the hopes of blocking Forest City Ratner Co.’s $4-billion Atlantic Yards project. The filers have asked the court to annul the Final Environmental Impact Statement and approval of the project, claiming the FEIS was flawed.

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.”