State court decision acknowledges misrepresentations by ESDC may have enabled construction of Barclays Center to proceed
In a decision issued yesterday, New York State Supreme Court Justice Marcy Friedman confirmed what many observers of the Atlantic Yards project have long suspected: if the Empire State Development Corporation (ESDC) had fully disclosed the terms of its 2009 agreement with Forest City Ratner Companies (FCRC), the Barclays Center arena might not have been built. Justice Friedman’s decision granted a motion filed by BrooklynSpeaks sponsors for recovery of legal fees from a 2009 suit challenging ESDC’s approval of changes to the Atlantic Yards plan. Those changes allowed FCRC to extend the construction of the residential portion of the project—including the majority of its promised affordable housing—from ten to twenty-five years.
In legal papers filed in response to BrooklynSpeaks’ 2009 suit, ESDC had suggested its agreement with FCRC included provisions to ensure the completion of Atlantic Yards on its original ten-year schedule. However, ESDC delayed releasing the text of the agreement to the Court prior to arguments being heard in the case. Yesterday, Justice Friedman wrote, “Had the ESDC disclosed the terms of the Development Agreement that were being negotiated when the petitions were initially heard, or brought the Agreement to the court’s attention promptly after it was executed, construction would not have been as advanced on the arena at the time of the court’s determination requiring an SEIS, and the balance of the equities may have favored a stay pending preparation of the SEIS.” If such a stay had been issued after initial arguments, FCRC’s access to $500 million in bond financing for arena construction would have been in jeopardy.
On Thursday, March 14, 2013, public comments on the Draft Scope of Work for the Atlantic Yards Supplemental Environmental Impact Statement were due to the Empire State Development Corporation. A statement from the BrooklynSpeaks sponsors follows, as does a link to BrooklynSpeaks' full response.
The BrooklynSpeaks sponsors appreciate the opportunity to respond to the Draft Scope of Work for the Atlantic Yards Supplemental Environmental Impact Statement (SEIS). We note that the need for a SEIS was cited prior to the approval of the 2009 MGPP, not only by our organizations but by nearly every local elected official representing the neighborhoods surrounding the Atlantic Yards project. We sincerely regret that litigation was required to compel the study anticipated by the draft scope, but look forward to working constructively with the ESDC to ensure that the SEIS it prepares will be a new starting point from which the stated objectives of the Atlantic Yards project can be achieved on a timely basis, through a transparent process with public accountability.
Community leaders and elected officials demand ESDC study restoring Atlantic Yards’ original 10-year construction schedule
BROOKLYN, February 27, 2013: In advance of a public hearing on a draft scope of work for a court-ordered environmental review of 2009 changes to the Atlantic Yards project which extended its construction from ten to twenty-five years, community leaders and elected officials expressed dismay that the draft scope contains no analysis of alternatives that would enable the project to be completed in its original ten-year time frame.
A group of BrooklynSpeaks sponsors, local residents and elected officials filed suit in November of 2009, charging that the Empire State Development Corporation (ESDC) approved Atlantic Yards’ 2009 Modified General Project Plan (MGPP) without sufficient study of the effects of a 25-year construction period on surrounding communities. In July 2011, State Supreme Court Justice Marcy Friedman ruled that ESDC’s approval of the 2009 MGPP lacked a rational basis and violated New York State environmental law. Justice Friedman ordered ESDC to complete a Supplemental Environmental Impact Statement (SEIS) and revisit its approval of the 2009 MGPP. ESDC’s issuance of the SEIS draft scope of analysis was delayed until December 2012, while the agency unsuccessfully fought to have the court’s decision overturned.
“Atlantic Yards was approved on the basis of removing blight conditions in and around the Vanderbilt rail yards,” said Jo Anne Simon, Democratic District Leader of the 52nd A.D. “Instead, the project has actually created blight by demolishing buildings, displacing residents and businesses, and causing massive disruptions for the project’s neighbors across its 22-acre site. It’s outrageous that ESDC would fail to even consider how a decade or more of delay could be avoided.”