DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

NYC Environmental Law Fax:212-788-1619 Dec 27 2000 16:47 P.13

rule authority by substituting state judgment for that of local officials. Affording all respect due to the State

Legislature, a local government is far better suited to determine its_own public works infrastructure needs. A

local determination that the public interest is best served by construction of a pipe or conduit that traverses

beneath a park should not require review by the State Legislature. State veto power of this nature would

severely undermine a local government's ability to meet the essential needs of its residents. The sheer

magnitude of the project involved in this case must not obscure the fact that what is really at issue is whether

a municipality will be required to petition the State Legislature every time it seeks to install a water or sewer

pipe beneath parkland. By finding that such state approval is not required, the District Court has correctly

balanced the rights of the public to the free use of parklands with the municipal responsibility to provide

essential services.

CONCLUSION

A municipality can utilize sub-surface areas beneath its parks for the construction of public works

appurtenances without approval from the State Legislature and such authority is supported by sound public

policy.

DATED: Albany, New York December 19, 2000

R ectfully Submitt9d,

Andre Brick Counsel New York State Conference of Mayors and Municipal Officials 119 Washington Ave Albany, N.Y. 12210 (518)463-1185

NYC-WTC 000137828