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MATTER OF BRONX COMMITTEE FOR TOXIC FREE SCHOOLS v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY

13800/07, 5055, 5056.

86 A.D.3d 401 (2011)

927 N.Y.S.2d 45

2011 NY Slip Op 5853

In the Matter of BRONX COMMITTEE FOR TOXIC FREE SCHOOLS et al., Respondents, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 7, 2011.

Respondents' contentions notwithstanding, the long-term monitoring measures, developed and implemented in their entirety after the final EIS was issued in October 2006, constituted "changes proposed for the project" (6 NYCRR 617.9 [a] [7] [i] [a]). Given, among other things, the Department of Environmental Conservation's July 2006 directive to SCA to develop a site management plan, which by definition under the applicable Brownfield Cleanup Program (BCP) (see ECL art...

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