A state appeals court approved the controversial plan to put a massive garbage facility on E. 91st Street, arguing that the Dept. of Sanitation took required steps to evaluate the environmental impact on the neighborhood.
Assembly Member Micah Kellner sued the city in Manhattan Supreme Court last May to block the proposal, claiming the sanitation agency did not comply with the state rules.
“As the lead agency, DSNY took the requisite ‘hard look’ at the potential impacts of the delay in implementation and made a reasoned determination that [an additional environmental study] was not required,” the Appellate Division ruled today.
It called Kellner’s concerns that the garbage trucks that will clog area streets with noise and pollution “no more than speculation.”
A spokeswoman for the city’s law department said the ruling should quiet the protracted controversy.
“This is the fourth unsuccessful appeal in the 91st Street case since 2008, the spokeswoman said.
“We are pleased that the Court has again found absolutely no merit to claims made by opponents of this important project.”
Assemblyman Kellner said he’s mulling an appeal.
“We are very much fearful that the city will ask to be able to process more tonnage of trash through E. 91st Street and it’s going to endanger our community,” Kellner said.