Officials Blast NPS Plan To Move Security Screenings To Ellis Island

With the Statue of Liberty scheduled to reopen on July 4, New York officials are pressing the parks department to reconsider new security procedures that they believe put the monument at "greater risk" for a terrorist attack, according to the Wall Street Journal. 

At issue is the point where visitors are screened for Statue of Liberty tours. The National Park Service has said it plans to move security screenings to Ellis Island, after visitors have taken ferry rides from New Jersey and Manhattan. Those wanting to visit the statue will undergo a second screening.

On Monday, New York City Police Commissioner Ray Kelly and U.S. Sen. Charles Schumer called on the park service to revert to the procedure that was in place before the park had to be closed for repairs following superstorm Sandy: screening visitors at Battery Park and New Jersey before they board ferries.

That security strategy, which involved having visitors go through the same detectors used at airports, has been in place since after the Sept. 11, 2001, terrorist attacks.

"The NYPD and the National Park Service have differences when it comes to protecting visitors from a terrorist attack," Mr. Kelly said.

"I believe this change can cause serious problems and make those who travel there at greater risk than they are now," Mr. Schumer said.

A National Park Service spokesman, Mike Litterst, said via email: "The National Park Service provides security at national icons across America and has done so successfully for decades. Safety...will continue to be our number one priority."

The statue and Liberty and Ellis islands have been closed since Sandy battered the region in October. The statue, which sits elevated on Liberty Island, was left unscathed by the storm, which flooded the island and destroyed infrastructure.

Park officials said the Battery Park and New Jersey screening sites were always meant to be a temporary solution. The storm damage accelerated the construction of the Ellis Island screening facility.

Mr. Kelly said there is no immediate threat to the statue, but said there remains an overall threat to key monuments. "In our judgment the threat has not abated," he said.

Messrs. Kelly and Schumer said they have had discussions with the parks service, which they said so far has resisted their overtures. Both recently sent letters to Sally Jewell, the department's newly appointed secretary, in hopes she will reconsider.

If money is the issue, they said, the additional costs could be offset by a "nominal" increase in the price of tickets, which now run from $9 to $20.

"They have talked to both of us repeatedly," Mr. Schumer said. "Thus far, they have resisted. With a new commissioner, hopefully they will change their mind....Right now the park service is not showing that carefulness we need."

Read More:

Officials See Risk in Statue Security Plan
Parks Department Asked to Reconsider New Security Procedures
The Wall Street Journal - May 27, 2013 - By Pervaiz Shallwani

Federal Court Stops Bloomberg's Private Development Scheme In Brooklyn Bridge Park

“It is crystal clear that … [National Parks Service] acted outside of its legal authority,” wrote Judge Eric Vitaliano in the ruling.

The scathing 14-page decision released yesterday devastates the city's embattled plan to turn over the roofless Tobacco Warehouse to a DUMBO arts group, St. Ann's Warehouse.

In April, Judge Vitaliano issued

a

preliminary injunction halting the project.

In a strongly worded opinion he

rejected the arguments from NPS, the City, and the other defendants. "The house of cards erected by the defense cannot withstand the gentlest breeze," Judge Vitaliano wrote.

To justify the removal, the Commissioner of the New York City Parks Department, Adrian Benepe, and other officials filed letters with NPS, declaring that the structures had been "mistakenly" included on the federal map in 2001 and that the Tobacco Warehouse, a roofless structure enjoyed by the public for free outdoor programming between 2003 and 2008, was "not intended" to be used for public recreation

Brooklyn

A Brooklyn federal judge yesterday ruled the National Parks Service illegally booted two historic 19th century buildings from US parkland protection to boost the Bloomberg administration’s push for private developers to take over the sites as part of the Brooklyn Bridge Park project, according to the New York Post.

The scathing 14-page decision devastates the city's embattled plan to turn over the roofless Tobacco Warehouse to a DUMBO arts group, St. Ann's Warehouse, for a $15 million project to bring community events and live theater to the park. It backs a preliminary injunction issued in April and also protects the Civil War-era Empire Stores site within the park from the city's development plans.

“It is crystal clear that … [National Parks Service] acted outside of its legal authority,” wrote Judge Eric Vitaliano in the ruling.

The decision was in response to a lawsuit filed the Brooklyn Heights Association and other groups claiming the feds bowed to city pressure by illegally de-mapping both buildings from federally protected parkland.

They also accused the city of lacking transparency in the bidding process to select St. Ann's.

Judy Stanton, executive director of the Brooklyn Heights Association, said her organization is “thrilled by the decision," adding "it validates" the concept that “public space should not be privatized.”

A city lawyer said "we believe we followed the appropriate procedures and are evaluating our options," which she added include appealing the decision.

Part of the city park occupies former federal and state parkland.

Read More:

Judge rips bldgs. boot

New York Post - July 13, 2011 - By Rich Calder

Ruling Ends Theater’s Bid for Brooklyn Waterfront

New York Times - July 13, 2011 - By Patrick Healy

Federal Court Stops Bloomberg Plan To Give Structures In Brooklyn Bridge Park For Private Development

A Walk In The Park - April 11, 2011

Filling In Jamaica Bay For JFK Expansion Not Going To Fly - Environmentalists/Community

....nothing in this section shall authorize the expansion of airport runways into Jamaica Bay - 1972 H.R 1121 Section 3 (D)

The Jamaica Bay Task Force Group hosted its first meeting last week in response to the Regional Plan Association's (RPA) highly controversial report. More than 150 people turned out on Thursday, April 7, at the American Legion Hall in Broad Channel. Representatives from environmental and civic groups from around the bay as well as numerous fishing clubs and kayak groups came out and strongly opposed the plan. (Photos: © Geoffrey Croft/NYC Park Advocates) Click on images to enlarge.

Although the RPA report outlined several options to ease area airport congestion, the idea of filling in 400 acres of Jamaica Bay in Gateway National Park to create additional runways at JFK clearly received the most criticism. An act of Congress would be required to make this unprecedented change to a National Park. The report, Upgrading to World Class – The future of the New York Regions Airports, was funded by the Port Authority and developed by a consortium of major federal, state, city and county government stakeholders. No local environmental input was sought.

Such an expansion of JFK would have unacceptable adverse impacts on Jamaica Bay environmentalists and community activists assert, irreversibly harming what is not simply New York City’s ecological crown jewel but a wetlands and estuarine area of national importance.

Daniel Mundy, Jamaica Bay Ecowatchers, Don Riepe, American Littoral Society, Brad Sewell, Senior Attorney of the Natural Resources Defense Council, and Captain Vinnie Calabro all gave powerful powerpoint presentations. The speakers, as well as audience members spoke passionately about the importance of preserving the area's vital ecosystem. The evening - which started off with Dan Mundy Sr - was chaired by his son Daniel and Mr. Riepe.

Another issue in the report that received major scorn was RPA's contention that Grassy Bay was a "Dead Zone." To refute this assertion, for twenty minutes boat captain and fishing columnist Vinnie Calabro showed image after image of enormous fish he said were caught in that area of the bay. Mr. Calabro, who said he's been fishing those waters for 40 years, was just one of dozens of attendees who represented the fishing community.

On March 17, leaders from 21 environmental, recreational, and civic groups signed and sent a letter to Port Authority Executive Director Christopher Ward voicing their opposition to the proposed plan.

Daniel Mundy, Jr. vice president Jamaica Bay Ecowatchers gave an impassioned and informative powerpoint presentation refuting many of RPA's findings. Among many other issues, Mr. Mundy took the report to task for RPA's many inaccurate air travel projections from prior reports beginning in 1947. “The nature of the proposal is outrageous," he said. — Geoffrey Croft

Brooklyn/Queens

A recent proposal to fill in about 400 acres of the Jamaica Bay wetlands for more runway space at the John F. Kennedy (JFK) International Airport is not flying well with environmental groups, local residents, and members of the local fishing and boating community, according to The Epoch Times.

The plan was one of six proposals made in the 2011 Regional Plan Association (RPA) report to manage increased demand in air travel and to remedy the current constrained airport capacity in the region.

Since the release of the RPA report, “Upgrading to World Class: The Future of the New York Region’s Airports” in January, controversy has been brewing and opposition to the proposal has been gaining momentum.

On March 17, leaders from 21 environmental, recreational, and civic groups signed and sent a letter to Port Authority Executive Director Christopher Ward voicing their opposition to the proposed plan.

The letter stated that the groups do not oppose efforts to increase the region’s aviation capacity, but urged the Port Authority to “consider other available alternatives for meeting the region’s airport capacity needs.”

It stated that permanently filling in a portion of the Jamaica Bay to accommodate JFK runway expansion would have an adverse impact on the bay. NYC Park Advocates, a parks advocacy group, describes the bay not only as the city’s ecological crown jewel but a wetland and estuary of national significance.

The letter highlighted the escalation of intrusive commercial jet noise, wildlife conflicts with aviation safety, and water pollution from the airport. It cited the likelihood for an increase in the runoff from the millions of gallons of toxic de-icing fluids used each winter that are currently being discharged directly into the bay.

On Thursday, April 7, the Jamaica Bay Task Force Group (JBTF) hosted its first town hall meeting in response to the RPA proposal.

The event, attended by nearly 150 individuals, provided city officials, scientists, and numerous community and advocacy group leaders with the opportunity to express their reasons for refuting the runway expansion into the bay.

“One of the major shortcomings of the report was that actual users, including environmentalists and civic organizations were not consulted,” said Geoffrey Croft, president, NYC Park Advocates.

“This would require an act of Congress and I am not going to let that happen,” Rep. Anthony Weiner (D-Queens and Brooklyn) said at Thursday’s meeting referring to filling in parts of Jamaica Bay. He stated that he had spoken with both the U.S. Secretary of the Interior Ken Salazar and Port Authority Executive Director Christopher Ward and expressed his opposition to that plan.

At Thursday’s meeting, Rep. Anthony Weiner (D-Queens and Brooklyn) stated that he had spoken with both the U.S. Secretary of the Interior Ken Salazar and Port Authority Executive Director Christopher Ward.

Details of the conversation were unavailable, as Weiner’s media spokesperson did not respond as of press time.

However, Weiner was quoted as saying, “This would require an act of Congress and I am not going to let that happen.”

Likewise, Councilman Erik Ulrich opposes the plan. “There is no way we are going to let this happen in this community or in any other community. We cannot let this move forward,” said Ulrich.

The groups’ claim that the report overstated projections for future air travel demand, fails to address the airport land access issues, fails to seek the use of other airports such as MacArthur and Stewart, fails to recognize the impact on the surrounding environment, and fails to acknowledge previous studies, including the RPA 1973 report that rejected a proposal to fill in portions of Jamaica Bay.

Many were particularly upset that the report described a portion of the bay that borders JFK as a “‘dead’ section called Grassy Bay.”

Filling in the bay for runway expansion is not an option, said John Tanacredi, chairman of the Department of Earth & Marine Sciences at Dowling College, Kramer Science Center.

Jamaica Bay has one of the most bio-diverse marine ecosystems, said Tanacredi, who was a research ecologist with the National Parks Service at Gateway national recreational area for 24 years.

Tanacredi expressed three concerns with the RPA’s proposal to fill in the bay for the runway expansion.

The first touched on what Tancredi described as RPA’s “poor planning” and their failure to investigate existing robust research that was conducted on Jamaica Bay.

The second concerned the filling of the large single borrow pit in Grassy Bay, as this will lead to other proposals to fill in the other borrow pits in the bay. Borrow pits are holes in the bottom of the bay when sand was removed many years ago to build JFK airport, said Tanacredi.

The third concern involved recreational and subsistence fishing. “The bay is not only a major economic stimulus for the community but the fishing community at the bay fish for their families,” said Tanacredi.

He also cited the issue of bird hazards and the dangers of the laughing gulls being sucked into the engine of airplanes.

“The nature of the proposal is outrageous,” said Daniel Mundy Jr., president of Broad Channel Civic Association.

Currently, the water in the bay is at its cleanest in recent years due to a number of restoration projects, such as the $16 million salt water marsh restoration and another ongoing project to reintroduce oysters into the bay, said Mundy.

The failure to include the RPA 1973 report and the other significant studies indicated a bias on the part of the RPA, stated Mundy.

Port Authority Representative Edward Knoesel, manager for environmental services, at the Aviation Department of JFK Airport, and Natural Resources Protective Assocaition's Ida Sanoff, and one of the Jamaica Bay Task Force's dogged advocates. (Photo: ©Vivian R. Carter)

“The Port Authority has no plans to fill Jamaica Bay,” Mr. Knoesel repeatedly said. “This is a study. We have not made the decision yet. We view this report as a start in the conversation."

Read More:

Proposed JFK Expansion Stirs Controversy with Environmentalists

The Epoch Times - April 13, 2011 - By Margaret Lau

Extending JFK runways meets opposition

The Queens Courier - April 12, 2011 - By Shiryn Ghermezian

Local residents fighting plan to extend JFK runways into Jamaica Bay

New York Daily News - April 7, 2011 - By Lisa L. Colangelo

A House of Cards Faces Into the Winds of Jamaica Bay

Rockviv - April 12, 2011 - By Vivian Carter

Jamaica Bay Ecowatchers

JFK Expansion Plan Unsettles Residents By Jamaica Bay

NY1 - March 23, 2011 - By Mari Fagel

Environmentalists Speak Out Against JFK Runway

Expansion

Into Gateway National Park

Who: Representatives from dozens of environmental, recreational, civic groups, agency and elected officials as well as members of the fishing and boating community.

What: Town Hall Meeting Speaking Out Against Port Authority Proposal

Where: American Legion Hall - 209 Crossbay Blvd. Broad Channel (718) 474 -5029

When: 6:30 p.m.

The Jamaica Bay Task Force Group is hosting its first meeting to respond to the highly controversial report by the Regional Plan Association (RPA) which calls for the destruction of up to four hundred acres of wetlands in Gateway National Park located in Jamaica Bay to accommodate runway expansion at JFK Airport. An act of Congress would be required to make this unprecedented change to a National Park.

Such an expansion of JFK would have unacceptable adverse impacts on Jamaica Bay, irreversibly harming what is not simply New York City’s ecological crown jewel but a wetlands and estuarine area of national importance. Hundreds of acres of the Bay would need to be permanently filled in something currently prohibited by federal law.

Jamaica Bay encompasses more than 25, 000 acres of water, marsh, meadowland, beaches, dunes and forests in Brooklyn and Queens, all accessible by subway. It contains a federal wildlife refuge the size of 10 Central Parks. It provides nursery and foraging, habitat for the region’s fisheries and other marine life. Bay waters adjacent to JFK are renowned for some of the region’s best fishing for bluefish and striped bass — and is a critical bird habitat area that is visited annually by what is estimated to be nearly 20 percent of North America's bird species. It is also home to various endangered and threatened species – from sea turtles to peregrine falcons. Intrusive commercial jet noise would potentially increase Wildlife conflicts with aviation safety. Water pollution from the airport - which currently discharges run-off from the millions of gallons of toxic de-icing fluids used each winter directly into the Bay - would likely increase.

Dozens of environmental, recreational, and civic groups are vehemently opposed to this plan. On March 17, a letter was sent to Port Authority Executive Director Christopher O. Ward to voice their strong opposition (see attached). The groups are asking that the Port Authority consider other available alternatives for meeting the region’s airport capacity needs. The letter was signed by 21 groups.

The report,"Upgrading to World Class – The future of the New York Regions Airports" http://www.rpa.org/pdf/RPA-Upgrading-to-World-Class.pdf (pages 150-154) was funded by the Port Authority and developed by a consortium of major federal, state, city and county government stakeholders. No local environmental input was sought.

Background:

The report proposes expanding JFK Airport further into the waters of Jamaica Bay as a means of accommodating anticipated growth in the number of passengers at the regions three airports. This radical plan calls for the filling in and paving over of four hundred acres of wetlands within the boundaries of Gateway National Park. The plan has been met with shock and outrage from leaders in the environmental and civic communities all of whom were not consulted during the two years of the report's creation. The destruction of protected lands within a National Park on such a scale are unprecedented and many feel the effects will ripple throughout the bay. Such critical ecological factors as: Tidal flow, salt marsh habitat, critical mud flat habitat, marine fisheries, and water quality will be impacted on a massive scale. In addition the report seems to have a number of inaccuracies and omissions that are in direct contrast to the facts regarding these impacted areas.

Thursday night's meeting will have four presenters who will respond to the report, speak to the impact these proposals will have and present documentation of the marine and bird life that is so abundant in this area. The meeting will have representatives of the various environmental groups working around the bay, agency representatives, and elected officials or their representatives as well as members of the fishing and boating community.

Jamaica Bay Ecowatchers - Statement

The Jamaica Bay Ecowatchers (JBEW’s) stand firmly opposed to the addition of new runways and/or the extension of new or existing runways into Jamaica Bay. This proposal would do irreperable harm to the fragile ecosytem of Jamaica Bay. As the only designated wildlife refuge in the National Parks System Jamaica Bay is host to over one third of all bird species in North America making it one of the most significant bird sanctuaries in the Northeastern United States. In addition over 60 reptiles and dozens of species of fish can be found in this Bay.

The proposal by the Port Authority to fill in and destroy up to 400 acres of wetlands and shoreline area is ill advised and without recent precedent. The report, which is the basis for these plans, appears to be seriously flawed as it refers to the impacted areas as “dead” zones when in fact they are some of the most productive areas on the Northeast coast. Home to spring and summer runs of striped bass and blue fish which number in the tens of thousands this area is rich in natural resources. At a time when tremendous improvements, including marshland and oyster restoration, osprey revival , and water quality upgrades, have been achieved this proposal would serve to deliver an impact that may be fatal to the bay . In addition to the huge loss of habitat and impact to bird and fish populations the expansion would curtail tidal flow and inhibit necessary flushing action leaving a large hypoxic lifeless area in the entire northern section of the bay.

"The JBEW's recognize that the airports today have too little capacity for growing demands and have congestion and delays but the expansion of JFK Airport at the expense of the environment is totally unacceptable," said Dan Mundy Sr. founder of the JBEW'S.

These startling proposals were unveiled at a recent conference titled “Upgrading to World Class – The future of the New York Regions Airports." The meeting was hosted by the Regional Plan Association and attended by hundreds of representatives from the airport industry on January 27, 2011 . The report, see link http://www.rpa.org/pdf/RPA-Upgrading-to-World-Class.pdf (pages 150-154) was developed by a consortium of major federal, state, city and county government stakeholders. No local environmental input was sought and at a Q & A period, during the conference, Dan Mundy Jr. pointed out had that involvement been included the document produced may not have been so flawed.

The JBEW’s suggest that the federal government should fully fund the FAA’s NexGen 1 & 2 programs that will transform air traffic control from the present ground-based technologies to satellite-based technology. This action will produce capacity increases for each airport and enable the adjustment of flight schedules dynamically and provide for saver airline travel. Also the expanded use of outlying airports with improved transportation and managing demand at the present airports will solve many of the problems.

NYC Park Advocates Inc. is a non-profit, non-partisan watchdog group dedicated to restoring public funding, improving public parks, increasing public recreation programs, expanding open space and accessibility, and achieving the equitable distribution of these vital services in New York City for all. We are the only non-profit park advocacy group dedicated to all City, State and Federal parkland in New York City. For more information please visit us at nycparkadvocates.org

###

Federal Court Stops Bloomberg Plan To Give Structures In Brooklyn Bridge Park For Private Development

To justify the removal, the Commissioner of the New York City Parks Department, Adrian Benepe, and other officials filed letters with NPS, declaring that the structures had been "mistakenly" included on the federal map in 2001 and that the Tobacco Warehouse, a roofless structure enjoyed by the public for free outdoor programming between 2003 and 2008, was "not intended" to be used for public recreation.

In a strongly worded opinion, Judge Vitaliano rejected the arguments from NPS, the City, and the other defendants. "The house of cards erected by the defense cannot withstand the gentlest breeze," Judge Vitaliano wrote.

In a strongly worded opinion released on Friday, a Federal judge ruled in favor of the Plaintiffs in the Tobacco Warehouse suit which challenged a decision by the National Park Service (NPS) to allow the New York State Department of Parks, Recreation and Historic Preservation to remove the national historic landmark Warehouse from federal park protection. United States District Judge Eric N. Vitaliano ruled that that the ("NPS") violated federal law by removing the two historic landmarks.

In a stinging rebuke to the Bloomberg administration, the Court ordered NPS to protect these Civil-War era structures – the Tobacco Warehouse and the Empire Stores – from the current development plans of the Bloomberg Administration. According to the lawsuit, NPS bowed to pressure from the Bloomberg Administration by allowing the Tobacco Warehouse and Empire Stores to be removed from the map of a federally protected park.

To justify the removal, the Commissioner of the New York City Parks Department, Adrian Benepe, and other officials filed letters with NPS, declaring that the structures had been "mistakenly" included on the federal map in 2001 and that the Tobacco Warehouse, a roofless structure enjoyed by the public for free outdoor programming between 2003 and 2008, was "not intended" to be used for public recreation.

Plaintiffs charged that the NPS’s February 14th decision (upholding the “de-parking” of the warehouse whereby allowing it to be privately developed) was the result of strong pressure from the city and state to allow the conversion plan to go through. They claimed that earlier, National Parks “was on the verge of restoring the Tobacco Warehouse, located in the park between the Brooklyn and Manhattan bridges, to federal protection until city and state officials convinced them to reverse" that design.

A federal grant was administered by the NPS under the Federal Land and Water Conservation Fund (LWCF), a national grant program designed to help create and maintain outdoor recreational sites. In 2001 the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP) requested LWCF funds for park improvements. As a condition for receiving funds the NPS required that NYSOP agree to never allow the parkland to be alienated. The facility was to be maintained in public outdoor recreation "in perpetuity." State Parks reneged on this agreement. - Geoffrey Croft

Brooklyn

Court Halts Bloomberg Plan to Cede Landmark Structures In Brooklyn Bridge Park for Private Development; Judge Calls Justifications for Federal Giveaway A "House Of Cards"

Federal Court Rebukes National Park Service for Legal Violation in Aid of New York City's Development Plans - PR Newswire - April 10, 2011

In a sweeping decision, United States District Judge Eric N. Vitaliano ruled that the National Park Service ("NPS") violated federal law by removing two historic landmarks from federally protected parkland. With this decision granting a preliminary injunction, the Court ordered NPS to protect these Civil-War era structures – the Tobacco Warehouse and the Empire Stores – from the current development plans of the Bloomberg Administration. The decision, released late Friday evening, follows a hearing held in Brooklyn Federal Court on March 21, 2011. The lawsuit was filed by the Brooklyn Heights Association , the Fulton Ferry Landing Association, the New York Landmarks Conservancy and the Preservation League of New York State (together, "Plaintiffs").

According to the lawsuit, NPS capitulated to pressure from the Bloomberg Administration by allowing the Tobacco Warehouse and Empire Stores to be removed from the map of a federally protected park. The City had planned to turn over both structures to private developers. To justify the removal, the Commissioner of the New York City Parks Department, Adrian Benepe, and other officials filed letters with NPS, declaring that the structures had been "mistakenly" included on the federal map in 2001 and that the Tobacco Warehouse, a roofless structure enjoyed by the public for free outdoor programming between 2003 and 2008, was "not intended" to be used for public recreation.

In their lawsuit, Plaintiffs demonstrated that these statements were false. Even NPS's own administrative record proved, as Plaintiffs long believed, that high-level City officials were secretly lobbying NPS and the U.S. Department of the Interior to render a decision in violation of federal law.

In a strongly worded opinion, Judge Vitaliano rejected the arguments from NPS, the City, and the other defendants. "The house of cards erected by the defense cannot withstand the gentlest breeze," Judge Vitaliano wrote. Addressing the claim that the structures were included on the federal map "by mistake," the Judge labeled it as "revisionist," and flatly rejected it, saying, "there is . . . not a shred of evidence [to suggest a mistake]." The Court criticized NPS's decision to rely on information from the City and State agencies "without confirming or even investigating them or requesting any additional information or public comment." The Court also rejected the defendants' assertion that the Tobacco Warehouse was "unsuitable" for outdoor public recreation. The Court found the assertion was based on an "invisible record," and accused NPS of using "cherry-picked" information to support it.

On an issue of first impression, the Court also rejected NPS's argument that it had power at all to remove parkland in these circumstances: "the record," according to the Court, "unmasks the NPS decisions as contrary to its own regulations." The Court concluded as follows: "The [applicable] statute is not silent about revisions; it flatly contradicts the NPS claim of power to correct 'oversights' after a [federal] grant closes." Although NPS claimed it had the "inherent authority" to correct mistakes on federal park maps, the Court called this "a last gasp argument" that "holds no water." The Court also declared that NPS's central determination of a "mistake" was "flawed both substantively and procedurally."

Elizabeth Merritt, Deputy General Counsel of the National Trust for Historic Preservation sent a clear message that NPS cannot evade a mandatory public-review process by secretly altering documents." Peg Breen, President of the New York Landmarks Conservancy, said: "This ruling reaches far beyond Brooklyn. If the National Park Service could choose when to enforce the law, historic buildings and parks across the country would suffer." Daniel Mackay, Director of Public Policy for the Preservation League of New York State, said: "We hope this decision re-establishes the highest standards of review and protection at the National Park Service for public parklands in New York State and across the nation. This injunction is a critical first step in protecting this and other federally funded parkland from rash actions and incomplete public process."

Although preservation groups described the lasting and far-reaching implications of Friday's decision, two neighborhood civic associations that have fought to save the Tobacco Warehouse from demolition or development for more than 40 years – the Brooklyn Heights Association and the Fulton Ferry Landing Association – also heralded the decision. Jane McGroarty, President of the Brooklyn Heights Association, said: "We are gratified by Judge Vitaliano's clear decision. The National Park Service and the State Parks Department acted illegally by removing the Tobacco Warehouse from the public domain. It belongs to the park, where it can be enjoyed by all." Joan Zimmerman, President of the Fulton Ferry Landing Association agreed, saying: "The decision was a resounding rejection of arguments made to justify backroom deals between the City and NPS, and a strong affirmation of the principle that parks are to serve the public, not private interests."

Gibson, Dunn & Crutcher represented the plaintiffs. "The Court's decision recognized clear illegality. We hope today's landmark ruling deters the National Park Service from future 'giveaways' of our national treasures," said Jim Walden, who litigated the case with Gibson Dunn attorneys James Hallowell, Richard Falek, Adam Cohen, Matthew Menendez, Kimberly Yuhas, Adam Jantzi, Lloyd Kim, Vikram Kumar, and Yara Mansour.

SOURCE Gibson, Dunn & Crutcher

Landmark structures at Brooklyn park get reprieve

By The Associated Press - April 10, 2011

A federal judge has temporarily blocked a plan by New York City to turn over two Civil War-era structures in Brooklyn Bridge Park to private developers.

In granting a preliminary injunction, Judge Eric Vitaliano ruled that the National Park Service violated federal law by removing the Tobacco House and the Empire Stores from federally protected parkland. The decision was announced in federal court in Brooklyn on Friday.

The ruling responded to a lawsuit filed by the New York Landmarks Conservancy, the National Trust for Historic Preservation, the Preservation League of New York State and other groups that claimed the park service capitulated to pressure from Mayor Michael Bloomberg's administration.

"This ruling reaches far beyond Brooklyn," Peg Breen, President of the New York Landmarks Conservancy, said in a statement Sunday. "If the National Park Service could choose when to enforce the law, historic buildings and parks across the country would suffer," she said.

The National Park Service did not immediately respond to an emailed request for comment.

"We are disappointed with the Court's ruling and look forward to presenting our full case to the Court," city lawyer Haley Stein said in a statement. "Brooklyn Bridge Park remains committed to moving the Tobacco Warehouse project forward and incorporating plans for St. Ann's Warehouse and Empire Stores as vibrant parts of the park," Stein added.

The Brooklyn Bridge Park Conservancy's website describes the two 19th-century warehouses as "vivid reminders of the shipping activity that once defined the downtown Brooklyn waterfront."

Read More:

Judge Blocks City’s Proposal for 2 Buildings in Brooklyn

New York Times - April 10, 2011 - By Elizabeth A. Harris

Judge slaps B'klyn Bridge Park plan

New York Post - April 11, 2011 - By Rich Calder

Tobacco Warehouse deal up in smoke after injunction

New York Daily News - April 11, 2011 - By Erin Durkin

Tobacco Warehouse Complaint Amended - Further Influence From City/State Officials Charged

A Walk In The Park - March 3, 2011

Tobacco Warehouse Issue Is Back in Court

BHA, Others Allege State, City Pressure on Federal Agency

The Brooklyn Eagle - March 2, 2011 - by Raanan Geberer

Feds Defend Tobacco Warehouse Giveaway

A Walk In The Park - February 15, 2011