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Litigation
Renew 81 for All v. New York State Department of Transportation
About this case
Documents
Filing Date
Type
Action Taken
Document
Summary
02/14/2023
Decision
Preparation of supplemental EIS ordered and petition otherwise denied.
A New York trial court found three “glaring omissions” in the environmental impact statement (EIS) for an interstate highway project in Syracuse. First, the court found that the New York State Department of Transportation acknowledged that its selected “community grid” alternative would increase traffic on an interstate corridor but did not adequately review impacts on that corridor. Second, the court found that tentative plans regarding stormwater management plans were not sufficient under the New York State Environmental Quality Review Act and that an analysis of the final plan was required. Third, the court found that a supplemental EIS was required to consider anticipated population growth from a recently announced “transformational” new semiconductor manufacturing facility. The court found, however, that the petitioners failed to establish deficiencies in other EIS analyses, including for greenhouse gas emissions. The court denied petitioners’ claims under New York’s Smart Growth Act and denied the claims under New York’s Green Amendment and Climate Leadership and Community Protection Act without discussion.
11/10/2022
Decision
Construction of project and other activities enjoined.
A New York Supreme Court granted a temporary restraining order prohibiting construction of a highway project in Syracuse and awards of design and/or building contracts. The parties challenging the project contend that the respondents failed to comply with New York’s State Environmental Quality Review Act, Smart Growth Public Infrastructure Policy Act, and Climate Leadership and Community Protection Act, including by failing to sufficiently evaluate and minimize greenhouse gas emissions. The court found that the petitioners established the required elements for a temporary restraining order pending a final determination, and that the respondents’ contentions that delay would result in the loss of tens of millions of dollars were based on speculation. The court also dismissed the Federal Highway Administration from the lawsuit.
09/30/2022
Petition
Petition filed.
A lawsuit filed in a New York trial court sought to annul approvals for the Interstate 81 Viaduct Project in Syracuse, New York. The project would demolish the existing viaduct running through the center of the city, de-designate a portion of I-81 as an interstate highway, and route freeway traffic through ground-level intersections. The petitioners charged that the respondents failed to properly evaluate or minimize additional greenhouse gas emissions that would be generated by traffic-related impacts in violation of the New York State Environmental Quality Review Act, the Smart Growth Public Infrastructure Policy Act, and the Climate Leadership and Community Protection Act (CLCPA). The petition also alleged that consideration of greenhouse gas emissions associated with the project’s construction and operation was inadequate and that the New York State Department of Transportation had failed to issue regulations to contribute to the CLCPA’s statewide greenhouse gas emissions emission limits. In addition, the petitioners alleged a violation of the New York Constitution’s Green Amendment based on the alleged failure to properly analyze the environmental impact of the project and the selection of an alternative with unmitigated adverse impacts.
Summary
Challenge to approvals for a highway modification project in Syracuse, New York.