Contact Us Blog Careers Publications Attorneys Practice Areas Our Work The Firm Home

Appellate Court Upholds Environmental Review of Domino Refinery Redevelopment

By: Jonathan Kalmuss-Katz

On November 20, 2012, a New York appellate court unanimously affirmed the environmental review for the proposed redevelopment of the former Domino Sugar refinery in Williamsburg, Brooklyn, clearing the way for a new mixed-use development on the vacant East River site.  Sive, Paget & Riesel successfully represented the project applicant in both the lower court proceedings and the appeal, and in the environmental review process.

The Appellate Division, First Department rejected arguments that the New York City Planning Commission and City Council had violated the State Environmental Quality Review Act (“SEQRA”) by failing to take a hard look at the Project’s environmental impacts.  While the challengers had claimed that the Project site’s rezoning and other approvals were based upon a false promise to provide 30 percent affordable housing, the Court found that “the fact that respondent developer’s 30% affordable housing figure was a mere goal, rather than a binding commitment, was adequately disclosed to the public.”  It further held that “the Project minimized or avoided adverse environment impacts to the greatest extent possible,” and that the government approvals were justified based upon the Project’s broad range of objectives and goals, including the creation of “physical and visual access to the waterfront,” “publicly accessible open space” and an “economically integrated mixed of residential, retail/commercial, and community facility uses with a high quality design.”

For more information on the Court’s decision, contact David Paget or Jennifer Coghlan.

No Comments

No comments yet.

RSS feed for comments on this post.

Sorry, the comment form is closed at this time.