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    Challenge to East 91st transfer station rebuffed

    Planning Commission  •  Upper East Side, Manhattan

    Community claimed the FEIS flawed, the project was a nuisance and a Bronx facility would be more economical. In June 2005, Sanitation obtained final City approval for construction of a marine transfer station on the site of an inactive waste transfer station at East 91st Street and the East River. The approval was part of a citywide proposal to make each borough responsible for the export of its own waste. Sanitation’s proposal to reactivate the site, which it closed in 1999, faced severe opposition and the City Council voted it down, forcing Mayor Bloomberg to veto the denial. 2 CityLand 86 (July 15, 2005); 2 CityLand 52 (May 15, 2006).

    Local residents, business owners and ACORN, a national community organization, challenged the City’s approval, alleging that the City illegally segmented the environmental review by not studying impacts on final freight destinations, failed to consider the transfer station’s impacts when operating at maximum capacity within the FEIS, and clashed with the City’s own policies to create a residential district around East 91st Street. The residents also alleged that the marine transfer station’s noise, odor and air pollution impacts would create a public and private nuisance. The residents argued that, if the City relaxed its policy of making each borough self-reliant, it would be more economical to use an existing truck-to-rail waste transfer station operated by a private company in the Bronx. (read more…)

    Tags : 2006 NY Slip Op 51750(U), ACORN, Association for Community Reform Now v. Bloomberg
    Date:10/15/2006
    Category : Court Decisions
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