President of the operating engineers challenged new rules on crane operator licenses. Edwin L. Christian, President and Business Manager of the International Union of Operating Engineers, filed an article 78 petition challenging amendments to the rules of the City of New York promulgated by the Department of Buildings regarding licensing for crane operators. Christian challenged the adoption of a rule which dispensed with the requirement that, for a class A license, the applicant must have certain qualifying experience acquired in New York City and under the supervision of New York City-licensed operators. Christian also challenged the elimination of the City-administered examination for both class A and class B license applicants in favor of national certification.
The Supreme Court granted the petition and the City appealed. The Appellate Division, First Department reversed and dismissed Christian’s petition. The appellate court ruled that Christian lacked standing to challenge the new rules. The safety-related harm on which Christian based his standing was too speculative to show injury in fact. The court concluded that, assuming that Christian had standing, Buildings had acted rationally in adopting the amendments.
Matter of Christian v. City of New York, 2013 NY Slip Op 30321(U) (N.Y. Sup. Ct. Feb. 5, 2013).