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Atlantic Terminal Urban Renewal Area Coalition v. New York City Dep't of Envtl. Protection

Citation: 19 ELR 21037
No. No. 87 Civ. 4242 (MEL), 709 F. Supp. 502/29 ERC 1644/(S.D.N.Y., 04/17/1989) On reconsideration of decision at 19 ELR 20290

The court dismisses a complaint against the Department of Housing and Urban Development (HUD) alleging a violation of Clean Air Act (CAA) § 176(c) for failing to monitor the compliance of a Brooklyn development project tentatively approved for HUD funding. An earlier decision held that HUD's preliminary approval of the project's grant application may have violated CAA § 176(c) by supporting a project that does not comply with New York's state implementation plan. The court holds that HUD had delegated responsibility for reviewing the project's CAA compliance to New York City, the grant applicant, pursuant to § 104 of the Housing and Community Development Act of 1974 and dismisses the complaint against HUD. Dismissing HUD from the complaint will not prevent the plaintiffs from challenging the environmental soundness of the project and obtaining full relief if merited, since the grant applicant remains answerable.

[Earlier decisions in this litigation appear at 19 ELR 20290, 20295, and 21032.]

Counsel for Plaintiffs
Edward Copeland, Elizabeth St. Clair
Rabinowitz, Boudin, Standard, Krinsky & Lieberman
740 Broadway at Astor Place, Fifth Fl., New York NY 10003-9518
(212) 254-1111

Counsel for Defendants
Benito Romano, Acting U.S. Attorney; Richard W. Mark, Ass't U.S. Attorney
One St. Andrews Plaza, New York NY 10007
(212) 791-0053