The petitioners have named FCRC, the Empire State DevelopmentCorp., the Public Authorities Control Board and the MTA asdefendants and are requesting a new environmental impact study beconducted by the ESDC. They would also like the PACB to vote againonce that study is completed. The ESDC conducted the original FEISand the PACB approved the project in December.

"The ESDC's rush to reach the pre-determined outcome of itsAtlantic Yards review before the end of the Pataki administrationled to a fatally flawed environmental review, and violations of itsstatutory procedures and responsibilities," says attorney JeffreyBaker, in a statement. "Our suit seeks to annul the environmentalreview and approval of Atlantic Yards by Charles Gargano's EmpireState Development Corp., the Public Authorities Control Board, andthe MTA, necessitating a fresh look from Gov. Spitzer, his new ESDCand MTA, and the PACB."

The lawsuit will likely force demolition crews to postpone thebeginning construction phase. "The preliminary injunction sought bythis lawsuit would postpone demolition while protecting mycommunity and constituents for intimidating and prematuredestruction," says councilwoman Letitia James, who represents theAtlantic Yards area district. "Once the buildings are torn downthey cannot be put back, and the injury to the community--alandscape of empty lots and 'interim surface parking' lots, plusthe loss of the familiar buildings that comprise theirneighborhood--is irreparable."