Construction of Coal-Fired Power Plant Voided

December 22, 2008
Decision of Interest on Jay B. Itkowitz’s Cases While He Was Employed at the Office of the Corporation Counsel of the City Of New York, Prior to Mr. Itkowitz’s Entry into Private Practice
Koch v. Dyson
85 A.D.2d 346, 448 N.Y.S.2d 698 (2d Dept. 1982)

New York City opposed the construction of a 700-megawatt, $1.2 billion coal-fired power plant which the State Power Authority of New York sought to construct on Staten Island. The City sought a reversal of an approval of the proposed plant by the New York State Board on Electric Generation Siting and the Environment on the grounds that the plant would be environmentally deleterious to the people of Staten Island, that the plant was not needed, and that the Power Authority failed to follow local laws and procedures. The Court voided the approval and remanded the case for further proceedings because the Power Authority failed to comply with local laws and regulations in the submission of its applications. Following the issuance of the decision, and before the completion of the additional proceedings, newly-elected Governor Mario Cuomo determined that the plant should not be built, and the Power Authority withdrew the application.  Link to Full Text of Decision