Ding Dong the Power Plant is (finally) Dead!
After nine years of litigation, it ends with more of a whimper than a bang.
The New York Court of Appeals denied TransGas permission to take a further appeal to New York’s highest court. So TransGas has now officially exhausted all of its appeals and will never, ever build a power plant on our community’s waterfront!
There are too many people to thank for this incredible victory. Special recognition must go out, however, to Professor Ed Lloyd and the staff at the Columbia Environmental Law Clinic, William Plache with the New York City Corporation Counsel, local attorney Adam Perlmutter, the Pace Energy Project and its lead counsel Victor Tafur (now with Riverkeeper), and Assemblyman Joseph Lentol. Many community organizations and individuals were also critical to the victory — far too many to list here (this did go on for 9 years after all). Suffice it to say, we are especially grateful to Christine Holowacz and Peter Gillespie who provided great leadership throughout this long fight.
The decision appears below.
2010 N.Y. Slip Op. 60611
NOTE: THIS OPINION WILL NOT APPEAR IN A PRINTED VOLUME. THE DISPOSITION WILL APPEAR IN A REPORTER TABLE.
Court of Appeals of New York.
In the Matter of TRANSGAS ENERGY SYSTEMS, LLC, Appellant, v. NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND ENVIRONMENT, et al., Respondents.
No. 2009-1190. Jan. 12, 2010.
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Judge Read took no part.