BRONX COMM v. NYC SCH CONSTR

No. 171.

20 N.Y.3d 148 (2012)

2012 NY Slip Op 7051

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

Court of Appeals of New York.

decided October 23, 2012.


Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Janet L. Zaleon , Kristin M. Helmers and Carrie Noteboom of counsel), for appellants.

Weil, Gotshal & Manges, LLP, New York City ( Gregory Silbert , David Berz and Christopher Barraza of counsel), and New York Lawyers for the Public Interest ( Gavin Kearney and Dawn Philip of counsel) for respondents.

Fried, Frank, Harris, Shriver & Jacobson LLP, New York City ( Richard G. Leland , Laura Israel Sinrod and Deuel Ross of counsel), and Sive, Paget & Riesel, P.C. ( Mark A. Chertok , Jennifer Coghlan and Edward K. Roggenkamp , IV, of counsel) for The Real Estate Board of New York, Inc., amicus curiae.

Schulte Roth & Zabel LLP, New York City ( Howard B. Epstein , Theodore A. Keyes , Sami B. Groff , Lawrence B. Schnapf and Valerie L. Sheaffer of counsel), for New Partners for Community Revitalization, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, PIGOTT and JONES concur with Judge SMITH; Judge READ concurs in result in a separate opinion.


OPINION OF THE COURT

SMITH, J.

An agency preparing an environmental impact statement (EIS) has broad discretion in deciding what to include and what to omit. We nevertheless hold that in this case the New York City School Construction Authority (Authority) must supplement its EIS to describe certain remedial measures, because the Authority has not challenged petitioners' showing that such a description is essential to an understanding of the environmental...

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