Transgas Dismissed, Quite Possibly for Good

On the afternoon of Friday, September 22, the nearly decade-long community fight against the construction of a TransGas Energy (TGE) power plant on the Greenpoint/Williamsburg waterfront may have been won, once and for all. Last Thursday, TGE testified before the Brooklyn Appellate Court in an attempt to overturn the decision to block the power plant from being built. The court heard arguments from those in support and those in opposition to the power plant—The Borough President Marty Markowitz, Community Board 1 and the Greenpoint-Williamsburg Waterfront Task Force—which has been a hotly contested community issue for the better part of a decade, and on Friday it ruled against TGE, denying their request for an appeal. Effectively, in order to pursue a permit to build the power plant, TGE now must either ask the Appellate Court or to the Court of Appeals for permission for a hearing.

“I am very happy with the results,” said community leader Adam Perlmutter, who has been an active opponent of the TGE power plant since the beginning of the struggle. “I think it demonstrates that the city’s position on the power plant turned out to be critical for stopping it. Now, TGE would have to get permission, either from the court that just dismissed the decision or from the Court of Appeals, the highest court in New York. It would be very tough.”

According to the legal brief, the court rejected TGE’s request based on several factors, including the fact that the thrust of the argument, Article X, which calls for TGE to submit an application to obtain a certificate of environmental compatibility and public need to construct and operate a 1,110-megawatt electric and steam cogeneration plant on the Greenpoint/Williamsburg waterfront, has expired. In addition, the Board ultimately dismissed TransGas’s initial application to build an underground power plant on the ground that they had not obtained permission to route the necessary water and steam pipes through the municipal property. The Board also denied TransGas’s application to construct the third configuration of the power plant on the merits, finding that the power plant’s underground oil storage tank would be incompatible with public health and safety and the City’s Zoning Resolution.

While there is a small chance that TGE could seek another appeal, and continue on their quest for permission to eventually build their waterfront powerplant, it is unlikely that their attempts will yield fruitful results, and neighborhood residents and community leaders couldn’t be happier, especially those who have been instrumental to the victory.

“I am proud to have fought alongside Community Board 1, the Greenpoint-Williamsburg Waterfront Task Force, Neighbors Allied for Good Growth, Friends of Bushwick Inlet Park, Barge Park Pals and all concerned residents who viewed this plan for a massive power plant with a 325-foot smokestack as nothing more than blight along the East River,” said Brooklyn Borough President Marty Markowitz in a statement. “The New York State Supreme Court Appellate Division’s dismissal of TransGas Energy’s appeal to build a power plant on Bushwick Inlet is welcome news for members of the community and all Brooklynites who cherish our beloved waterfront and its iconic views. We need to now move ahead and build the much-needed Bushwick Inlet Park, which will provide beautiful green space and access to the waterfront in Northern Brooklyn.”

Similarly, Greenpoint’s own Assemblyman Joe Lentol is excited by the Court’s decision, albeit not surprised, though while he agrees that the chances TGE will ever be granted the permits they seek is slim to none, he maintains that the fight may not be completely over yet.

“This is fantastic news, and I did expect it,” Lentol said. “It was a well-reasoned decision, and it was the right decision: This is not the place for a power plant, and it would destroy our expectations of development along the waterfront, and it shouldn’t be built here whether it’s above ground or under ground. With that said, they still have the possibility for another appeal to the state’s highest court—the Court of Appeals—though they are not likely to get there. This powerplant would drive a stake in the hart of waterfront development, and we’ve fought for such a long time, I’m proud to be a part of it.”