MGPP legal challenge

When Forest City Ratner Companies approached the Empire State Development Corporation in 2009 seeking an additional 15 years for the development of the Atlantic Yards project, the agency had two responsible choices. It could have complied with the requirements of New York State environmental law and analyzed the impact of more than doubling construction duration on surrounding neighborhoods. Or ESDC could have fulfilled its obligation to State taxpayers that it manage public funds wisely, and sought bids from additional developers in order to maintain Atlantic Yards’ approved schedule. It could have even done both.

In a unanimous decision, the Appellate Division of the New York State Supreme Court today found that Justice Marcy Friedman correctly ruled in July 2011 that the Empire State Development Corporation’s (ESDC) 2009 approval of Atlantic Yards’ Modified General Project Plan violated State environmental law. Among other changes, the plan renegotiated in 2009 between the State and Forest City Ratner Companies (FCRC) extended Atlantic Yards’ construction schedule from 10 to 25 years. Justice Friedman’s order that the ESDC conduct additional environmental analyses and revisit the project plan will remain in effect.

On Tuesday, February 14 at 2:00 PM, BrooklynSpeaks sponsors will return to court to argue against an appeal of a July ruling ordering the Empire State Development Corporation and Forest City Ratner Companies to revisit their 2009 Modified General Project Plan for the Atlantic Yards project, and to perform additional study of its environmental impacts.