BREAKING: Suit Against Atlantic Yards Environmental Review Dismissed

In a setback to groups fighting the Atlantic Yards development, a suit by 26 groups challenging the environmental review for the huge project has been dismissed. Early details were sparse, as the decision was announced at 4:30 PM, but New York State Supreme Court Judge Joan Madden ruled in favor of the Empire State Development Corporation. Develop Don't Destroy Brooklyn (DDDB) said it would appeal the case pending a review of the decision. In the 71-page decision, Judge Madden concludes that the ESDC's action during the approval process "were neither arbitrary, capricious nor an abuse of discretion" and satisfied legal requirements.

"We are disappointed by the court’s ruling," DDDB's Daniel Goldstein said in a statement. "Pending review of the decision we plan to appeal. But let’s be clear: Atlantic Yards cannot move forward while the thirteen plaintiffs—homeowners, business owners and tenants—are in federal court in a separate case challenging New York State’s unconstitutional use of eminent domain. We expect to prevail in that lawsuit, as well as on the appeal of today’s decision." A copy of the decision has been posted on the DDDB website. The full text of the press release is available by clicking here.

The Federal eminent domain suit is still in court. That suit was also dismissed, but the decision was appealed.

UPDATE: Forest City Ratner issued a press release at 6PM calling the decision "a major victory." It quotes developer Bruce Ratner as saying: "We are very pleased with Judge Madden’s decision, as it further clears the way for Atlantic Yards and the thousands of jobs, affordable housing units and world-class arena - the Barclays Center – that will accompany the project. After an exhaustive three-year review process, we are continuing to move full speed ahead on the project, and today’s decision is a significant step forward."