ALBANY, NY—Three environmental advocacy groups have filed suit in New York State Supreme Court here in an attempt to block $511 million in federal environmental funds New York State is seeking in connection with the construction of the new $3.9-billion Tappan Zee Bridge.

Earlier this year New York State applied for $511 million in funds from the federal Clean Water State Revolving Fund. On June 24, the Board of Directors of the Environmental Facilities Corp. voted to provide $511 million in loans to the New York State Thruway Authority for 12 projects related to building the new bridge. Allocation of those funds required EPA approval.

The EPA in a Sept. 16th letter granted just $29.1 million in Clean Water Revolving Fund financing and declared ineligible for funding $481.8 million the state had sought for the new Tappan Zee Bridge. After receiving the denial, New York State officials said the state would appeal the ruling.

The lawsuit filed by Riverkeeper, the Waterkeeper Alliance and Environmental Advocates of New York seeks to invalidate New York State's proposal to apply $511 million from the Clean Water State Revolving Fund for bridge construction projects that include dredging, pile driving and demolition. The environmental groups also seek a court order to enforce EPA's decision and discourage any further attempt to divert clean water funds for improper purposes.

“The EPA took an important step in disallowing the brunt of this loan. However, Albany has vowed to appeal EPA's decision,” says Paul Gallay, president of Riverkeeper. “The surest way to protect this vital funding source for its intended purpose is to make sure the court has jurisdiction to enforce the Clean Water Act as necessary.”

“We were deeply disappointed to learn of the state's plan to divert federal Clean Water Act funding for a major construction project that certainly won't improve water quality,” says Waterkeeper Alliance executive director Marc Yaggi. “Allowing this misuse of funds could set a dangerous national precedent spurring other states to raid federal monies designed to give us clean water. In the vernacular of this holiday season, the state's economic trick isn't a treat for our waterways and communities.”

The groups charge that the bulk of the sought after environmental funds would pay directly for construction costs, including more than $100 million for construction-related dredging and dredge disposal, $30 million for “armoring” the 12-foot-deep dredged trench with stone and gravel, and $65 million for removal of the existing bridge.

“The Environmental Facilities Corporation, the New York State Thruway Authority, and the Public Authorities Control Board have all unanimously approved a loan from the Clean Water State Revolving Fund to finance those aspects of the New New York Bridge project that will implement existing plans to protect, restore and promote the Hudson River Estuary,” said Jon Sorenson, director of public information for the New York State Environmental Facilities Corp. in a prepared statement. “This financing will reduce project costs by up to $35 million and help keep future bridge tolls as low as possible. EFC intends to vigorously defend its right to finance Clean Water Act projects that benefit the Hudson River Estuary, as well as the tollpayers of New York State.”