August 1, 2015
Appeal of Queens County Water Permit Decision Filed
On July 27, Sierra Club and Hudson River Fisherman’s Association (HRFA) perfected
their appeal of the decision of the Queens County Supreme Court
in Sierra Club and HRFA v. Martens, Index No. 2949-14, to the Appellate
Division, Second Department, Docket No. 2015-02317. The suit
challenges the procedures followed by the New
York State Department of Conservation (DEC) in issuing a water
withdrawal permit to TransCanada for its Ravenswood Generating
Station in Queens to
take over 1.5
day from the East River in the Hudson River estuary. The Ravenswood
permit is the first permit issued by DEC under New York's new water
permitting law and new
asserted in the trial court and on appeal that DEC's issuance
of the Ravenswood
permit violated the new permitting law, the Water Resources
Protection Act of 2011, the State Environmental Quality Review
and city coastal zone and waterfront laws and DEC's
public trust responsibilities. For a discussion
of the trial court's decision dismissing the petition, see Queens Judge Rules against SEQRA Review of Water Withdrawal Permits.
A second case raising the same arguments raised in the Martens I case was filed
in New York County Supreme Court on March
23, 2015. The case, Sierra Club and HRFA v. Martens II, Index
No. 100524/2015, challenges the water withdrawal permit DEC issued
Edison for its East River generating
station. See Second Suit Filed Challenging DEC on Water Withdrawal Permits.
I am working with attorneys Richard J. Lippes from Buffalo, Gary Abraham from
Allegany, and Jonathan Geballe from Manhattan to represent the
petitioners/appellants in the appeal to the Second Department. The
record and appeal brief are posted here.
Posted by Rachel Treichler on 08/01/15, updated 04/06/16.