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May 12, 2009

Hon. William Stachowski (and "Upstate 5" Senate Majority legislators)
New York State Senate
918 Legislative Office Bldg.
Albany, NY 12247

Dear Bill:

On behalf of the 2,500 employer members of the Buffalo Niagara Partnership, I write in strong opposition to S.1635, which would confer standing to private citizens to bring suits in response to alleged violations of the environmental quality review provisions of the Environmental Conservation Law.

We believe this proposed legislation will encourage frivolous litigation on economic development projects with little benefit to state taxpayers, or to the environment, as the bill’s language would suggest. Moreover, in New York State there already is an environmental process – under the State Environmental Quality Review Act (SEQRA) – attached to economic development projects, which is the proper setting for any individual or group to raise environmental concerns.

Our members consistently report that one of the heaviest roadblocks to economic development in Upstate New York is regulation and red tape. Handing power to a project’s opponents to hold hostage its development would only further this reality. We believe that while it is certainly costly and intensive, SEQRA has provided benefit for Upstate’s environment and land-use planning. It would be very dangerous for the state to – as outlined in this legislation – allow SEQRA to become a tool for any citizen with a special interest to manipulate the local decision-making process and halt or hinder much-needed economic development.

It is unfortunate that small groups of opponents – the “vocal minority” – often find success in controlling the public message to downplay job-creating economic development, and even more unfortunate that they are often able to stall or halt projects. This legislation would give every resident in New York State carte blanche opportunity to interfere with any project he or she does not like through litigation. All government actions and private development falling under SEQRA would be easy targets.

Upstate cannot afford another roadblock to job-creating growth. I urge you to oppose S.1635.

Sincerely,

Andrew J. Rudnick

cc:  Hon. Adam Bradley, New York State Assembly