Legal Opinion

Bronx Committee for Toxic Free Schools v. New York City School Construction Authority

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 2011PublishedCited by 1 opinion

1Opinion of the Court

*402Respondents’ contentions notwithstanding, the long-term monitoring measures, developed and implemented in their entirety after the final EIS was issued in October 2006, constituted “changes proposed for the project” (6 NYCRR 617.9 [a] [7] [i] [a]). Given, among other things, the Department of Environmental Conservation’s July 2006 directive to SCA to develop a site management plan, which by definition under the applicable Brownfield Cleanup Program (BCP) (see ECL art 27, tit 14) regulations includes a long-term monitoring plan (see 6 NYCRR 375-1.2 [at]; 375-1.6 [c] [1] [iv]), it is evident…

2Cases cited4 opinions

  1. Riverkeeper, Inc. v. Planning BoardNew York Court of Appeals · 2007
  2. King v. Saratoga County Board of SupervisorsNew York Court of Appeals · 1996
  3. Penfield Panorama Area Community, Inc. v. Town of Penfield Planning BoardAppellate Division of the Supreme Court of the State of New York · 1999
  4. Pyramid Co. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by1 opinion

  1. Bronx Committee for Toxic Free Schools v. New York City School Construction AuthorityNew York Court of Appeals · 2012

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