The New York Appellate Division rejected a challenge to a project intended to protect East River Park and nearby neighborhoods from flood risk due to coastal storms and sea level rise. The project would require the “full reconstruction and reconfiguration of the Park,” raising its elevation by eight to nine feet and installing a below-grade flood protection structure. The court held that this project served a “park purpose” and therefore did not require alienation of parkland that would require approval of the New York State Legislature under the public trust doctrine. The court rejected the petitioners’ position that the project did not serve a park purpose because it would also provide benefits to surrounding communities. The court also found that the potential availability of “better, less intrusive” methods to provide flood protection did not implicate the public trust doctrine. In addition, the court rejected the contention that the “lengthy park closures” required for construction of the project would themselves constitute an alienation of parkland.

Lawsuit challenging New York City’s approval of a resiliency plan for the Lower East Side that involved elevating an existing park on the East River by eight feet to serve as a barrier to coastal storms and flooding.

East River Park Action v. City of New York

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New York Appellate Court Said Resiliency Project Constituted “Park Purpose” and Did Not Require State Approval

Filed

United States of America

New York

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New York Appellate Court Said Resiliency Project Constituted “Park Purpose” and Did Not Require State Approval

Policy instrument

Risk

Impacted group

Economic sector

Adaptation/resilience