Judge dismisses lawsuit against Gowanus rezoning

The Brooklyn Supreme Court dismissed the lawsuit filed earlier this year by local neighborhood groups fighting to stop the Gowanus rezoning. According to the judge, opponents of the rezoning failed to provide sufficient evidence. 

Voice of Gowanus and Friends and Residents of Greater Gowanus sued back in February. The two groups argue that rezoning violates state and federal environmental laws and puts the neighborhood and its residents at risk. This is their second lawsuit aiming to stop the Gowanus rezoning, The Real Deal reports. 

“Gowanus is not just any old neighborhood. It has a unique and complex set of dangerous toxic pollution, flooding, and sewage overflow problems that have plagued our most vulnerable populations for decades,” said Katia Kelly of Voice of Gowanus, a petitioner in the suit. “We tried to warn city officials they were getting it deeply wrong…but the City refused to listen. Instead they sold out to developers, putting thousands of people unjustly at risk.” 

In her ruling, Judge Consuelo Mallafre Melendez wrote that “the petitioners either fail to point to any specific shortcomings in the final environmental impact statement or support these shortcomings with any substantive evidence other than their own opinions.” 

According to Melendez, the New York City agencies ran a comprehensive and thorough review, which proved that there was no environmental impact. In addition, the community groups missed the deadline to notify the city of their petition. The judge called this delay “substantial and unexcused”. 

The City Council approved Gowanus rezoning last November. Since then, new developments have been flooding the sought-after Brooklyn neighborhood. Overall, the project is estimated to bring 8,500 new housing units, including 3,000 affordable. 

Resources:

“Judge OK’s Gowanus rezoning, calling opponents late and off base,” by Kathryn Brenze and Jay Young (The Real Deal, 2022)

“Gowanus Rezoning Suit Dismissed; Opponents Still Eyeing Legal Options,” by 

Kayla Levy (Patch, 2022)

“Gowanus Rezoning Opposition Shut Down After Judge Sides With The City,” by Miriam Hall (Bisnow, 2022)

“Gowanus community group files motion for injunction, seeks to halt rezoning construction,” by Kirstyn Brendlen (Brooklyn Paper, 2022)

“MULTI- FACETED ENVIRONMENTAL LAWSUIT THROWS GOWANUS REZONING INTO QUESTION,” (Voice of Gowanus and Friends and Residents of Greater Gowanus, 2022)