A New York trial court rejected a public trust doctrine challenge to New York City’s 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. In a decision announced from the bench, the court found that although the plan involved a “substantial intrusion,” the intrusion was for a park purpose and the public trust doctrine was not implicated. The court indicated that the record supported the conclusion “that without this plan we will likely not even have a park at all” due to climate change. The court also found that any “danger” of the City not restoring the entire park and using a portion for non-park purposes was “speculation.”

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 Court Rejected Challenge to Plan to Elevate East River Park in Manhattan

Filed

United States of America

New York

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