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Hackensack Riverkeeper NY/NJ Baykeeper Rutgers Environmental Law Clinic July 28, 2004 FOR IMMEDIATE RELEASEContacts: ENVIRONMENTAL GROUPS FIGHT WETLANDS FILL IN MEADOWLANDS, FORCE REEVALUATION OF PERMIT "I cannot recall any other instance in which the Army Corps, New York District has issued a suspension of a permit," stated Andrew Willner, Executive Director, NJ/NY Baykeeper, "We feel vindicated that the Army Corps has realized the error of its ways in issuing the permit and is now attempting to rectify the situation by evaluating the issues raised in our lawsuit during this suspension of the permit." The issuance of the partial suspension came just days before a preliminary injunction hearing where the Keepers requested the court to stop the filling of the wetlands on the FDP site. The July 27, 2004, hearing in Federal Court in Newark, was to decide whether an immediate stop work order was necessary during the lawsuit. The Court relied on the Corps suspension order to deny the preliminary injunction at this time. Commenting on the timing of the partial suspension, Capt. Bill Sheehan, Executive Director, Hackensack Riverkeeper remarked, "The action of the Army Corps highlights the value of citizen groups in monitoring agency actions. This is one of the largest fill projects in the Meadowlands and should not go forward unless it is absolutely necessary. Trailer parking lots are a dime a dozen in North Jersey and this fill project should never have started." The permit allowed for the filling of 53.5 acres of wetlands at the FDP site in Jersey City and authorized the use of 1.5 million cubic yards of material that was supposed to be "clean fill." The Army Corps subsequently modified the permit to authorize the use of amended dredged material as fill on the FDP site instead of clean fill, without telling the public or other Federal agencies. The partial suspension issued by the Army Corps on July 21, 2004 prohibits the filling of any presently undisturbed wetlands on the site, but allows for the continued placement of material, including amended dredged material, in already disturbed areas, starting from the preexisting wetlands areas and radiating outwards once the fill reaches a level of 12 feet. Colonel Polo stated in the partial suspension order that he will take further action to reinstate, modify, or revoke the permit before November 18, 2004. During the suspension, the Army Corps will reevaluate the issues raised by the Keepers in their lawsuit and issue a supplemental public notice on the permit. Under its original application to the Army Corps, FDP included railroad tracks and lanes required to operate lifting equipment as part of the project, accounting for approximately 20-25 acres of the 53.5 acres of wetlands to be filled on the site. In October 2002 FDP submitted new site plans to the Army Corps that showed the elimination of the railroad tracks and lifting equipment. The Army Corps did not reduce the permitted wetlands fill based on this new information. "A key argument for us is that the Army Corps failed to reevaluate alternative sites for the project once the railroad tracks and lanes required to operate lifting equipment were removed," stated Willner. "Elimination of these requirements greatly expands the universe of alternative sites for this project, including viable upland sites where no wetlands filling would be necessary." "With the adoption of the new Master Plan for the Meadowlands, there is a recognition that we are past the need to fill wetlands for warehousing needs. The Meadowlands Commission has identified many brownfields sites in need of redevelopment and many wetlands in need of preservation - this project flies in the face of both of these goals," said Sheehan. |