DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

and architectural historian; and examination of records inspection of the site and assessment by an Commission, the State Office of Patks, Recreation consultation withthe City's Landmarks Preservation Education Department. Friends offers no evidence and Historic Preservation, and the State Museum might these measures taken by the City, the clubhouse to support its speculation that, notwithstanding or other landmark designation. have been suitable for inclusion in the National Register Article 78, a SEQRA decision should be As with review of other agency determinations under procedure, was affected by an error of law or was upheld unless it was "made in violation of lawful §7803(3);see ChemicalSpeciallies Mfrs. arbitrary and capricious or an abuse of discretion." C.P.L.R. a SEQRA determination, the court must Assn v. Jorling, 85 N.Y.2d 382: 396-97(1995). la reviewing under SEQRA to identify areas of examine whether the agency reasonably satisfied its obligations reasoned explanation for the choices, but potential concern, take a "hard look" atthose areas, and give a determinations or to substitute its judgment it is not the function of the court to second-guess agency their obligation to evaluate the matter and for that of the responsible public officials Who discharged the impact. Jackson, 67 N.Y.2d at 414- consider the reasonableness of alternative courses to mitigate discharged its obligations under SEQRA 17; Neville v. Koch, 79 N.Y.2d 416,424-25(1992); The City be upheld. in a serious and reasonable manner, and its determination must

3. Adequacy of Record its obligation in an Article 78 in a footnote. Friends claims that the City did not satisfy because the City did not include proceeding to file a. complete record of theproceedings being reviewed, Commission and the City Council. transcripts of the hearings and proceedings before the City Planning

This argument is meritless.

22

NYC-WTC 000137853