Article 78 to review Atlantic Yards project denied
The Brooklyn Bridge Park Legal Defense Fund brought this Article 78 to review whether the Final Environmental Impact Statement (FEIS) prepared the Respondents New York State Urban Development Corporation failed to take into account the potential traffic impacts from the Atlantic Yards Project. The standard of review was whether the detemination was affected by an error of law or was arbitrary and capricious, an abuse of discretion, of a violation of lawful procedure (CPLR 7803(3). The Court held that the FEIS did take into account traffic expected to be generated by the project. Additionally, the traffic analysis was reviewed by the NYC DOT. Finally, the public trust doctrine was not violated by the plan of locating residential housing on the development project. The full decision can be found here: www.courts.state.ny.us/reporter/3dseries/2008/2008_03641.htm
