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City of Buffalo v. New York State Department of Environmental Conservation; In the Matter of Buffalo Olmstead Parks Conservancy, Inc., et al v. Buffalo and Fort Erie Public Bridge Authority, et al
| Matter Name: | City of Buffalo v. New York State Department of Environmental Conservation; In the Matter of Buffalo Olmstead Parks Conservancy, Inc., et al v. Buffalo and Fort Erie Public Bridge Authority, et al |
| Client Name: | Buffalo Olmstead Parks Conservancy, Inc., Episcopal Church Home of Western New York, Episcopal Residential Health Care Facility, Inc. and Episcopal Community Housing, Inc. |
| Case Summary: | The City of Buffalo, the Olmstead Parks Conservancy, Inc. and certain private petitioners represented by firm brought Article 78 proceedings seeking to challenge actions by the Peace Bridge Authority in obtaining a permit and a “negative declaration” by the State Department of Environmental Conservation in issuing a permit relating to the proposed construction of a new bridge at the Peace Bridge crossing between Buffalo, New York and Fort Erie, Ontario. The trial court granted the petitions finding that a failure by the DEC to consider the cumulative impact of bridge and plaza construction constituted a violation of the DEC’s obligations under SEQRA, and that the determinations were arbitrary and capricious. The trial court annulled the permit issued by the DEC and also annulled the negative declaration by the DEC, and enjoined the Peace Bridge Authority permanently from proceeding with bridge construction until it has complied with SEQRA. |
| Date of Decision | April 7, 2000 |
| Practice Area | Litigation and Environmental Law |