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Supreme Court, New York County, October 15, 2004
APPEARANCES OF COUNSEL
Asian American Legal Defense & Education Fund, New York City (Kenneth Kimmerling of counsel), and Dewey Ballentine, LLP, New York City (Aldo A. Badini of counsel), for petitioners. Jack Lester, New York City, for Chatham Green, Inc., intervenor. Michael A. Cardozo, Corporation Counsel, New York City (Janet V. Siegel of counsel), for respondents.
{**6 Misc 3d at 815} OPINION OF THE COURT
Walter B. Tolub, J.
Motion sequence Nos. 001 and 002 are consolidated for disposition and disposed of in the accompanying memorandum decision.
In the aftermath of the terrorist attacks of September 11, 2001, this court has been presented with questions concerning the implementation of security measures and the creation of "secure zones" throughout the city. The instant application requires this court to revisit the issues presented in one of this court's earliest post-September 11 security cases, the implementation of the Security Plan for One Police Plaza.
Petitioners seek, by this proceeding, to nullify the negative declaration issued by respondent, the New York City Police Department (NYPD), on the One Police Plaza Security Plan following the environmental assessment statement (hereinafter EAS) ordered by this court in accordance with the New York State Environmental Quality Review Act (hereinafter SEQRA) (see, Chatham Green, Inc. v Bloomberg, 1 Misc 3d 434 [Sup Ct, NY County [*2]2003]). Petitioners claim that the EAS did not take a "hard look" as required by law and seek an order directing respondents to (1) prepare a full environmental impact statement (hereinafter EIS); (2) obtain the required permits and revocable consents from the respondent New York City Department of Transportation (hereinafter
DOT) in connection with construction of delta barriers and closure of public streets;[FN1] (3) change the city map to reflect the street closings;[FN2] and; (4) enjoin the continued implementation of the security plan until completion of the EIS and compliance with requirements under the ULURP.
Motion sequence No. 002, brought by Chatham Green, Inc., the original petitioner in the underlying action, seeks leave to intervene {**6 Misc 3d at 816}in the instant application. Because the relief sought by the proposed petitioner is identical to that of the petitioners, and in light of the fact that the motion is made without opposition, the motion to intervene is granted.
The Parties
Petitioner Chatham Towers is a cooperative apartment complex located on the southwest corner of Worth Street and Park Row. Petitioner Jeanie Chin is a resident of Chatham Towers. Petitioner Concerned Chatham Green Shareholders is an unincorporated association of shareholders of Chatham Green, Inc., a cooperative apartment building on the east side of Park Row, located within the NYPD's security zone. Petitioner Danny Chen is an officer of the Concerned Chatham Green Shareholders. Petitioner Southbridge Towers, Inc. is a cooperative apartment building complex located on Pearl Street. Petitioner Jan F. Lee is an owner of a business on Mott Street. Petitioner Paul J.Q. Lee is a resident of Chinatown and the former owner of a now closed business on Mott Street. Petitioner Chatham Green, Inc. is a large cooperative apartment building located on Park Row. Each of these organizations and individuals claims to have been impacted by the implementation of the NYPD's One Police Plaza Security Plan.
Petitioners United States Congresswoman Nydia Velazquez, New York State Senator Martin Connor, Speaker of the New York State Assembly [*3]Sheldon Silver and New York City Councilman Alan J. Gerson, are federal, state and city legislative representatives of affected residents both within and outside the security zone. These officials have all expressed concern regarding the impact of the NYPD's actions on their constituents.
The respondents, Mayor Michael Bloomberg, Police Commissioner Raymond Kelly, the New York City Police Department, the New York City Department of Transportation and the New York City Department of City Planning, are the individuals and/or city departments and agencies responsible for the creation and/or implementation of the One Police Plaza Security Plan.
History
In the aftermath of September 11, 2001, federal, state and local governments throughout the United States have struggled with the issues surrounding the design and implementation of security {**6 Misc 3d at 817}measures necessary to protect the vast numbers of people who inhabit, work in, and visit this country. Of particular importance is the issue of security surrounding areas of government operation "control centers," areas which few would disagree require both a heightened alert status and heightened security requirements.
As stated on several occasions prior to this, New York City is not unfamiliar with the need for heightened security. Over the last three years, the NYPD, in response to the ever-growing list of security concerns, has either implemented or participated in the implementation of various safety and security measures throughout the city, including the closure of streets and erection of checkpoints and/or street barriers at certain locations in an attempt to prevent potential attacks by vehicle bombs. Whereas the vast majority of these barriers have since been removed and the affected streets reopened, the NYPD Counter Terrorism Division has concluded that the secure zone area surrounding the NYPD headquarters at One Police Plaza ought to be maintained.
One Police Plaza Security Plan
While this city is served by numerous police precincts located throughout the city, the central operations of the NYPD are predominately located at One Police Plaza, a large complex nestled within a cluster of residential, commercial, state and federal buildings and facilities. In response to security concerns raised by the events of September 11, 2001, the NYPD set up seven checkpoints and barriers[FN3] located around the perimeter of NYPD [*4]headquarters and closed off Park Row, a major north-south thoroughfare, to unauthorized traffic.[FN4]
The checkpoint on Park Row at Worth Street is located immediately before the entrance to the driveway of the Chatham Green {**6 Misc 3d at 818}apartment complex, making it impossible to access these buildings by any private or commercial vehicle without passing through the checkpoint. At this checkpoint, and at each of the other checkpoints at issue in this action, the NYPD has installed "Delta Barriers," hydraulic barriers which are built into the street and raised and lowered as necessary by NYPD officers stationed at each checkpoint. Vehicles seeking access to this area, regardless of whether belonging to residents of Chatham Green or their visitors, or
belonging to persons requiring access to the neighboring buildings,[FN5] are required to identify themselves to police officers at the checkpoints. Authorized vehicles, after showing proper identification to the guard on duty, are allowed through.[FN6] Respondents, however, contend that emergency vehicles are allowed to pass through the checkpoints without stopping.[FN7] [*5]
Petitioners claim that these checkpoints, particularly the one situated at Park Row, have adversely affected their ability to enter and exit their apartment complexes and have increased traffic congestion and pollution on neighboring streets. Petitioners additionally allege that they are directly affected by the increased noise and pollution, loss of use of their property, loss of local businesses, and increased stress on neighborhood facilities and resources (order to show cause). Petitioners further contend that "One Police Plaza is the only government building in the City of New York around which the Police Department or other City agency has closed all the adjacent streets so that no unauthorized vehicle can pass on any street running adjacent to the building" (order to show cause, verified petition at 5).{**6 Misc 3d at 819}
The EAS
In 2003, petitioners Chatham Green, Chatham Towers, Ms. Chin, Mr. Silver, Mr. Gerson and Mr. Connor, along with several other individuals, commenced the action captioned Chatham Green, Inc. v Bloomberg (Index No. 107569/2003), seeking, among other relief, that the NYPD be ordered to conduct an environmental assessment to determine whether an EIS was needed in connection with the implementation of the subject security plan. On August 1, 2003, this court ordered the NYPD to conduct an EAS of the One Police Plaza Security Plan (Chatham Green, 1 Misc 3d 434 [2003]). In compliance with this court's decision, the NYPD, as lead agency, carried out the required EAS, generating a report in November 2003 and supplementing it again in January 2004. Following review of the subject EAS, the NYPD issued a negative declaration on January 21, 2004, which was later amended on February 12, 2004, and again on April 1, 2004. The instant application followed.
Discussion
Standing

As a threshold matter, this court must address respondents' challenge of petitioners' standing to

bring this lawsuit. "Generally, standing to challenge an administrative action turns on a showing that the action will have a harmful effect on the challenger and that the interest to be asserted is within the zone of interest to be protected by the statute" (Matter of Gernatt Asphalt Prods. v Town of Sardinia, 87 NY2d 668, 687 [1996]). Thus, to prevail on the instant application, petitioners must demonstrate "(1) that they will suffer an environmental injury that is in some way [*6]different from that of the public at large, and (2) that the alleged injury falls within the zone of interest sought to be protected or promoted by the statute under which the governmental action was taken" (Matter of Nature's Trees v County of Suffolk, 293 AD2d 543, 544 [2d Dept 2002] [internal quotation marks omitted]).
However, standing to raise a SEQRA violation further requires the challenger to demonstrate that they stand to suffer an injury that is environmental and not solely economic in nature should the decision be upheld (Gernatt Asphalt Prods. at 687; see also, Matter of Mobil Oil Corp. v Syracuse Indus. Dev. Agency, 76 NY2d 428 [1990]), as economic injury is not, by itself, within the zone of interest which SEQRA seeks to protect (Vinnie{**6 Misc 3d at 820} Montes Waste Sys. v Town of Oyster Bay, 199 AD2d 493 [2d Dept 1993]). Prevailing case law also dictates that in order to establish standing as an environmental organization, the organization must demonstrate that one or more of the organization's members have standing to sue (Society of Plastics Indus. v County of Suffolk, 77 NY2d 761 [1991]; Matter of Long Is. Pine Barrens Socy. v Planning Bd. of Town of Brookhaven, 213 AD2d 484 [2d Dept 1995]; Matter of Long Is. Pine Barrens Socy. v Town Bd. of Town of E. Hampton, 293 AD2d 616 [2d Dept 2002]).
For the purpose of determining standing, "the zone of interests, or concerns, of SEQRA encompasses the impact of agency action on the relationship between the citizens of this State and their environment. Only those who can demonstrate legally cognizable injury to that relationship can challenge administrative action under SEQRA" (Society of Plastics Indus., 77 NY2d at 777). Of the petitioners in the within application, the court finds that only petitioners Chatham Towers, Chatham Green Shareholders, Southbridge Towers, and Ms. Chin and Mr. Chen, as residents living
within the affected area, have standing to maintain this action.[FN8] Their collective claims of increased noise and pollution to the area fall well within the definition of "environment" as set forth in 6 NYCRR 617.2, and this court is satisfied that any changes to the area as a result of the implementation of the One Police Plaza Security Plan would affect these organizations and individuals in a manner wholly distinct [*7]from the public at large.
Petitioners' Claims
Petitioners' primary contention in this application is that the determination made by the NYPD was flawed because the EAS failed to take a "hard look" at the impact of the security plan and therefore violates both SEQRA and the City Environmental Quality Review Act (CEQR). Petitioners claim this is especially true in the evaluations completed for (1) community facilities and services/health care facilities; (2) socioeconomic conditions/{**6 Misc 3d at 821}community character; (3) traffic and parking; and (4) transit and pedestrians. Petitioners further assert that under these circumstances, a full EIS is required, as is the obtaining of required permits and revocable consents under ULURP, and amendment of the city map to reflect the street closures created under the security plan. Petitioners additionally seek an order enjoining the NYPD from completing implementation of the security plan pending full review of the security plan under ULURP.
SEQRA
SEQRA[FN9] has long been identified as a legislative attempt to ensure that state and local agencies consider both the immediate and long-term environmental effects of their proposed actions (Matter of Spitzer v Farrell, 100 NY2d 186, 190 [2003]; see also, Akpan v Koch, 75 NY2d 561, 569 [1990]; Matter of Coca-Cola Bottling Co. v Board of Estimate, 72 NY2d 674, 679 [1988]; Chinese Staff & Workers Assn. v City of New York, 68 NY2d 359, 361 [1986]).
Review under SEQRA is triggered whenever a proposed project may have a significant effect on the surrounding environment (ECL 8-0109 [2]; Akpan, 75 NY2d at 569). Any proposed action must therefore be assessed for potential environmental concerns, and these concerns must then be further evaluated in order to determine whether or not a significant environmental impact may result (Matter of New York City Coalition to End Lead Poisoning v Vallone, 100 NY2d 337 [2003]). There is no question that the requirements of SEQRA are substantive, "delineating the content of the EIS and requiring the lead agency to act and choose alternatives which, consistent with social, economic and other essential considerations, to the maximum extent practicable, minimize or avoid adverse environmental effects" (Akpan, 75 NY2d at 570 [internal quotation marks and citations omitted]). Compliance with SEQRA's [*8]obligations, however, is governed by a rule of reason, as the extent to which particular environmental factors are to be considered varies in accordance with each proposal (id.).
"In assessing the significance of a proposed action under SEQRA, the lead agency must 'thoroughly analyze the identified relevant {**6 Misc 3d at 822}areas of environmental concern to determine if the action may have a significant adverse impact on the environment' " (New York City Coalition to End Lead Poisoning, 100 NY2d at 347, quoting 6 NYCRR 617.7 [b] [3]). The lead agency must then set forth in writing a statement containing a reasoned elaboration with references to any applicable supporting documentation (6 NYCRR 617.7 [b] [4]). The initial environmental analysis conducted by the lead agency or agencies must also include a study of "the same areas of environmental impacts as would be contained in an EIS, including both the short-term and long

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