New York State Drops Appeal for NNYB Loan

Governor Cuomo’s administration dropped its appeal to secure $511 million from the Clean Water for the New NY Bridge project following the the Environmental Protection Agency’s September 16 decision.

eligibleIn his May 8, 2015, letter state to EPA Regional Administrator Judith A. Enck, state DEC Commissioner Joseph Martens confirmed mutual agreements. (1) The EPA will amends its decision, deeming $1.2 million for the Oyster Bed Restoration and $100,000 falcon nest box relocation eligible for Clean Water Funds, and

(2) “The DEC and EFC hereby withdraw their appeal of the Agency Decision and agree not to pursue further appeals or reviews, in either an administrative or judicial forum, of EPA’s determination of ineligibility, under the CWSRF, of the remaining projects subject to the Agency Decision,” Martens wrote.

“The environmental measures that are included in the New NY Bridge project will proceed as planned and we remain committed to building the new bridge in an environmentally responsible manner,” Thruway Acting Executive Director Robert L. Megna said in a statement.

ineligible“Pace Environmental Litigation Clinic and its clients are pleased that the Governor has dropped his administrative appeal,” its Supervising Attorney Daniel Estrin said.

EANY executive director Peter Iwanowicz praised the Cuomo administration’s decision to drop further appeals to use the funds. “This agreement follows the science and federal law,” Iwanowicz said.

The clinic looks forward to working with the state and its communities to ensure that the $480 million in clean water funds “will be appropriately put to use to improve New York’s water quality and restore its rivers,” Estrin said.

Called the decision “a big win for clean water in New York,” Riverkeeper President Paul Gallay said, “WWe are pleased that the Governor has dropped the appeal over the $480 million in proposed Clean Water Act loans that EPA had disallowed, and we thank the EPA for its role in fostering this result.”

“Riverkeeper will do its part to assure that these funds are now directed back to their lawful purpose: to improve water quality in New York and restore our rivers,” Gallay said.

I’d like to know what you think.

Copyright © Janie Rosman and Kaleidoscope Eyes 2015

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