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Yorkshire Towers Co. v. USDOT
Project Description:
This project involved the construction of the Second Avenue Subway, a new subway line in New York City. The subject of this litigation was a decision regarding the station entrance at 86th Street. The FTA issued a Supplemental EA that considered various alternatives for the 86th Street entrance, and issued a FONSI on October 29, 2009. The FONSI approved EA’s preferred alternative, known as Alternative 7. The main reason for selecting Alternative 7 was that it would not require the acquisition of any buildings or the displacement of any businesses or residents, and it would be convenient for passengers. FTA issued a statute-of-limitations notice, setting a deadline of June 7, 2010 for any challenges to the FONSI. In December 2010, the Yorkshire Towers Co. submitted a revised alternative for the station entrance (known as “Revised Alternative 5”) and asked FTA to consider it.
2011 WL 6003959
2011 WL 6003959
U.S. District Court – New York
12/01/2011
2nd Avenue Subway
Transit
Case Summary
The plaintiffs filed this lawsuit on February 16, 2011. They claimed that the FTA had a continuing duty under NEPA to consider new information, including Revised Alternative 5. The court held that challenges to the 2009 FONSI were barred by the statute of limitations, and dismissed the case.
Key Holdings
Litigation Procedure Statute of Limitations. The plaintiff acknowledged that its lawsuit had been filed well after the statute-of-limitations deadline, but argued that it should not be dismissed because (1) the deadline should be “tolled” – i.e., suspended – because the defendants had somehow misled the plaintiffs; and (2) FTA had an obligation to consider new information submitted by the plaintiffs. The court rejected both arguments. First, it found that FTA’s actions did not amount to “concealment or egregious conduct” and therefore provided no basis for tolling the statute-of-limitations period. Second, the court found that “The time leading up to the FTA’s decision was the appropriate time for plaintiffs to present their Revised Alternative 5 so that it could have been considered by the agency in making the decision. Plaintiffs were required to commence any suit challenging the agency’s evaluation of reasonable alternatives within 180 days of publication of the FTA’s decision. Plaintiffs did not do so and their claim regarding Revised Alternative 5 is time-barred.”
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