MGPP legal challenge
When: Wednesday April 30, 2014 from 5:30 PM. to 9:00 PM
Where: Long Island University, 75 DeKalb Avenue, Room HS107
In 2009, sponsors of BrooklynSpeaks filed suit against the New York State Empire State Development Corporation (ESDC) and Forest City Ratner Companies for their decision to allow the completion of the Atlantic Yards project to be delayed from 10 to 25 years. A State Supreme Court ruled in July 2011 that ESDC’s failure to study the effects of the 15-year delay on surrounding communities violated State environmental law.
Now, four and a half years after its illegal approval of the delayed project schedule, ESDC has issued a draft environmental report that claims waiting until 2035 to complete Atlantic Yards won’t be a big deal for our community.
Our neighbors in danger of being displaced through rising rents can’t wait a generation or more for Atlantic Yards to make good on its commitment to provide 2,250 affordable apartments. The community asked that the State consider bringing in other developers to speed up the project. Can’t be done, the State tells us.. In the meantime, Forest City just announced that the first building at the Atlantic Yards site will be delayed for yet another year—until the end of 2015.
Local residents haven’t forgotten the disruptions they suffered during construction of the Barclays Center arena, either—disruptions that were supposed to be relieved through environmental commitments by Forest City that ESDC failed to enforce. ESDC says it’s learned from past mistakes, but we’ve heard that before. Should we have to take a chance on the agency’s utter inability to look out for the community’s interests for another two decades?
Atlantic Yards is the only large State project where decisions are made by a board of political appointees with no local members. It’s time to use this opportunity to tell Governor Cuomo how you feel about giving Forest City Ratner the exclusive right to hold 22 acres of our community hostage for 25 years with no accountability to the public. Join us! Make your voice heard for accountability, transparency and community input and speak up for Brooklyn!
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.