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New York’s highest court has cleared the way for a massive $1.5 billion anti-flood construction project that will raise a waterfront park in Manhattan by 8 feet.
The state Court of Appeals Thursday denied activists’ bid to have their case heard, marking the end of the road in their lawsuit to block the city’s East Side Coastal Resiliency Project from beginning construction at the East River Park.
More than 100 Lower East Side residents and activist groups filed suit last year claiming the project — which will span 2.4 miles on the east side — needed prior approval from the state Legislature and would harm the public green space.
Last month a lower court tossed out the suit, but construction was temporarily halted again when the group appealed to the higher court.
“The City’s legal case was rock solid – as solid as the plan we were defending to make this park and community more resilient to the climate threats we face,” City Corporation Counsel Georgia Pestana said in a statement. “This is a huge win for the City of New York but especially for the many, many New Yorkers who live near and visit the park.”
Arthur Schwartz, a lawyer for the activists, said, “This whole process has been shameful.”
“It has never been necessary to destroy the park in order to get flood protection for the people of the Lower East Side,” Schwartz said. “Tens of thousands will lose a local park for the next 5 to 7 years, maybe more.”
“Trees which clean our air won’t be replaced in their current glory for 50 years,” the lawyer continued. “The park will never again be the beautiful historic place it currently is.”
The project is meant to weather-proof the Lower East Side’s waterfront and will include the raising of the park and construction of floodwalls, flood gates and berms along the shoreline.
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