Following a negative declaration finding no impact on the surrounding environment by the proposed project, the planning board issued site plan approval for the construction of seven light industrial buildings on a 36.68-acre parcel of undeveloped land. A portion of this land has been identified as a potential habitat for the Karner Blue Butterfly, an endangered species. The petitioner, Save the Pine Bush, Inc. and several of its members filed this lawsuit challenging the planning board’s determination. They claimed they had standing because they are an environmental organization dedicated in part to preserving the Karner Blue Butterfly, and that the proposed development would destroy the species’ habitat. Further, the petition claimed that ten of the petitioner’s individual members have a special interest in the preservation of the species because they actively look for, and observe these butterflies, as part of their recreational activities.
In upholding the finding of the trial court that petitioners lacked standing, the Appellate Court found that the interests these petitioners sought to protect, were no different that the interest enjoyed by the public at large, and that there was no specific environmental injury established to confer standing under the State Environmental Quality Review Act. While three of the organizational members resided in the Town, it was not established that any of them lived in sufficient proximity to the site to qualify for standing. Furthermore, the petitioner failed to submit affidavits from any individuals who might be adversely affected by the development in a manner different in kind and degree from that of the public at large.
Save the Pine Bush, Inc. v. Planning Bd. of Town of Clifton Park, 2008 WL 1048993 (N.Y. A.D. 3 Dept. 4/11/2008).
The opinion can be accessed at: http://decisions.courts.state.ny.us/ad3/Decisions/2008/503595.pdf
Categories:
