[lbo-talk] ALERT: APPELLATE DIVISION ORAL ARGUMENT SET FOR THURSDAY JUNE 9 AT 10AM ON SW BROOKLYN GARBAGE STATION

William Colton coltonwilliam1 at gmail.com
Tue May 31 20:33:34 PDT 2016


Hi, The Southwest Brooklyn neighborhood where I live, a few miles below the Verazzano Bridge on the edge of Gravesend Bay and Bensonhurst, across the creek from Coney Island, is the scene of the construction of the Southwest Brooklyn Maritime Garbage Transfer Station that the community has been strongly opposing for the last 12 years.

The Garbage Station is being built on the site of the old municipal incinerator, which poisoned the community (without a license!) for a generation, leading to high incidence of lung issues, asthma and cancers. The ash from the incinerator drifted into the Bay and created dead zones, as well as onto Cropsey Avenue where there are quite a few senior residences, tall apartment buildings, and schools for children with special needs, and into Coney Island as well as the Marlboro Projects and Lafayette High School a few blocks inland. The mobilization of the entire community and our victory in Court (argued by the same NY State Assembly Representative, Bill Colton, who writes below) forced Giuliani to shut down the incinerator; it was eventually torn down.

The Sanitation Dept. under Mayor Bloomberg aggressively pushed this very site for the new Transfer Station, running afoul of all sorts of health, environmental, and equal justice concerns, and now the de Blasio administration is trying to ram it down our throats, being even more aggressive than Bloomberg here. The Sanitation Department, DSNY (or "Disney" as we call it), has violated every rule and special conditions in the book that the Judge had imposed on it. After Hurricanes Irene and Sandy, this site is now within the new mandatory evacuation flood zones .... not that they've taken that into consideration at all, nor the huge increase in the amount of pesticides that are projected to be used, and mind-boggling garbage truck traffic on already-busy streets.

The whole issue is now before the Appeals Court, as the previous Judge in the lower court ruled that the NY State Department of Environmental Conservation correctly approved the project -- even while stating that the procedures used by DSNY and the DEC were "irrational" -- they didn't even take core soil samples from the bottom of the Bay as part of the Environmental Impact Statement. We did, and the lab found that they contained very high levels of Mirax (a dangerously toxic pesticide), lead, cadmium, mercury and other toxins, which the City has begun dredging up and re-poisoning the bay after years of the toxins being covered over and stabilized. The judge ruled that the DEC was not required to do any of those tests, so it met the letter of the law, which led to him stating that they were basically nuts .... but legal.

I (Mitchel here) and the No Spray Coalition are among the plaintiffs in that case which is now coming up for argument in downtown Brooklyn on Thursday, June 9th at 10 a.m. We'd love for you to join us (see below for address and directions). A large turnout is essential if we are to overturn this monstrosity.

Mitchel Cohen

PS -- on your way to the Court, stop by the Brooklyn Heights public library, that the de Blasio administration is selling off to private developers at a pittance -- to one of the big funders of his campaigns and private not-for-profit corporations run by the Mayor. It's all the same fight!

--------------------------------------- NY State Assembly Rep. Bill Colton writes:

Dear Friends,

I want to alert everyone that the Appellate Division Oral Argument on our challenge to the permit of the Southwest Brooklyn Garbage Station will be help on Thursday June 9 at 10 AM at the Appellate Division Courtroom at 45 Monroe Place in Brooklyn New York.

It will be important for a number of people to be present at the hearing. Below are directions to get to the Court hearing on June 9. Our friend and neighborhood attorney Chris Robles will be assisting me in the preparation and arguing of this appeal. Also if you need transportation you can call my office at 718 236 1598 to see what transportation may be available.

There will be an important step in our legal battle against the Garbage Station. No matter what the outcome of the legal battle, our fight will continue until this ill conceived and dangerous plan is stopped.

I will continue to keep you informed as our fight goes on. Thank you for all your help and support in this long fight since 2004.

Bill Colton

<http://www.courts.state.ny.us/courts/ad2/index.shtml> HOME - Appellate Division - Second Department

Directions to the Court

The courthouse of the Appellate Division, Second Department is located in the Brooklyn Heights Historic District of downtown Brooklyn. There is almost no available parking on the streets surrounding the court. Visitors are advised to use public transportation if possible. <http://www.courts.state.ny.us/courts/ad2/directions.shtml#publictransportation>Public Transportation | <http://www.courts.state.ny.us/courts/ad2/directions.shtml#byautomobile>Automobile
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<http://www.courts.state.ny.us/courts/ad2/directions.shtml#parkinggarages>Parking Garages | <http://www.courts.state.ny.us/courts/ad2/directions.shtml#areamap>Area Map

By Public Transportation

Downtown Brooklyn is a transportation hub where many bus and subway routes converge. The Metropolitan Transportation Authority's website at <http://www.mta.info/>http://www.mta.info/ can assist visitors in planning their route to the courthouse. Walking directions from the five subway stations nearest the court follow. <http://www.mta.info/nyct/service/rline.htm> R Line R to Court Street Station.

From Brooklyn use the front end of the train, from Manhattan use the rear end of the train. Walk 1 block north on Clinton Street. Turn left at Pierrepont Street and walk ½ block to Monroe Place (on the right). The courthouse is on the corner. <http://www.mta.info/nyct/service/fline.htm> F Line F to Jay Street - Borough Hall Station. Take Willoughby Street west 2 blocks to Adams Street. Continue straight 1 additional block, on Joralemon Street, to Court Street. Turn right on Court Street. Proceed 3 blocks to Pierrepont Street. Turn left and go 1½ blocks to Monroe Place (on the right). The courthouse is on the corner. <http://www.mta.info/nyct/service/twoline.htm> 2 Line <http://www.mta.info/nyct/service/threelin.htm> 3 Line 2, 3 to Clark Street Station. Take Clark Street 1 block east and turn right onto Monroe Place. The courthouse is on the far end of the block on the corner. <http://www.mta.info/nyct/service/fourline.htm> 4 Line <http://www.mta.info/nyct/service/fiveline.htm> 5 Line 4, 5 to Borough Hall Station. Take Court Street north to Pierrepont Street. Turn left and go 1½ blocks to Monroe Place (on the right). The courthouse is on the corner. <http://www.mta.info/nyct/service/aline.htm> A Line <http://www.mta.info/nyct/service/cline.htm> C Line A, C to High Street - Brooklyn Bridge Station.

From Manhattan use the rear end of the train; from Queens use the front end of the train. Proceed south on Cadman Plaza West making the first available right turn onto Clark Street. Turn left onto Monroe Place. The courthouse is at the far end of the block on the corner. <http://www.courts.state.ny.us/courts/ad2/directions.shtml#top>

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By Automobile

From Queens & Long Island. Take the Brooklyn-Queens Expressway South to Exit 28 (Cadman Plaza West/Brooklyn Bridge/EXIT ONLY). Turn left at the first traffic light (Old Fulton Street) and proceed under the overpass, making the first available right turn onto Henry Street. After 2 lights, turn left onto Clark Street. Make the first available right turn onto Monroe Place. The courthouse is at the end of the block on the right.

From Staten Island & New Jersey. Take the Verrazano Bridge to the Gowanus Expressway to the Brooklyn-Queens Expressway to Exit 28-A (Cadman Plaza West). Turn right at the stop sign onto Old Fulton Street. Make the first available right turn onto Henry Street. After 2 lights, turn left onto Clark Street. Make the first available right turn onto Monroe Place. The courthouse is at the end of the block on the right.

From Manhattan, Westchester & points north. Take the F.D.R. Drive south or the West Side Highway south to the Brooklyn Bridge. Take the first exit off the bridge (Brooklyn-Queens Expressway/Cadman Plaza West), bearing left on the exit ramp. At the first traffic light (Cadman Plaza West), turn left. After 2 lights, turn right onto Clark Street. Make the first available left turn onto Monroe Place. The courthouse is at the end of the block on the right. <http://www.courts.state.ny.us/courts/ad2/directions.shtml#top>

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Parking Garages

40 Clinton Street between Pierrepont Street and Cadman Plaza West

180 Montague Street between Court Street and Clinton Street

75 Henry Street between Pineapple Street and Orange Street (alternative entrance on Cadman Plaza West off Clark Street)



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