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

Citation: 19 ELR 20295
No. No. 87 Civ. 4242 (MEL), 697 F. Supp. 157/(S.D.N.Y., 10/07/1988) City's motion to dismiss denied

The court holds that a provision of New York's state implementation plan (SIP) requiring New York City to ensure that development projects do not cause violations of the national ambient air quality standard (NAAQS) for carbon monoxide is an "emission standard or limitation" subject to citizen enforcement under §304 of the Clean Air Act. Plaintiffs challenge an urban renewal project in Brooklyn, alleging that the city has failed to require sufficient mitigation measures to prevent violations of the carbon monoxide standard. The court holds that the provision of the New York SIP requiring the city to assure adequate mitigation is not a mere restatement of the NAAQS itself, but rather is a separate "emission standard or limitation" that commits the city to take affirmative steps to achieve the carbon monoxide standard. The court orders plaintiffs to amend their complaint to specify exactly which kind of requirement, of those listed in §304(f)(3), the mitigation concerns. Finally, the court holds that plaintiffs' allegation that the city has failed to ensure adequate mitigation measures is sufficiently detailed, since plaintiffs have identified the respects in which the city's actions have been deficient.

[A related opinion is published at 19 ELR 20290.]

Counsel for Plaintiffs
Edward Copeland
Rabinowitz, Boudin, Standard, Krinsley & Lieberman
740 Broadway at Astor Place, 5th Fl., New York NY 10003-9518
(212) 254-1111

Counsel for Defendants
Peter L. Zimroth
Corporation Counsel for the City of New York
100 Church St., New York NY 10007
(212) 566-4515