NYS Supreme Court rules that Port Authority must release LaGuardia AirTrain communications

Riverkeeper sued for the release of information shared between the Port Authority and the FAA.

NEW YORK — Justice Carol Edmead of the Supreme Court of New York County issued a strongly worded order directing Port Authority of New York and New Jersey to release its communications with the Federal Aviation Administration (FAA) regarding the proposed LaGuardia Airport AirTrain construction project. In her opinion, Justice Edmead found that Port Authority’s legal bases for withholding the documents “had ‘no legs.'” The court held that Port Authority is subject to the New York State Freedom of Information Law, and its attempt to invoke the “deliberative process” exemption in order to withhold its communications was unlawful. Petitioners were awarded attorneys fees in an amount to be determined at a later date.

“Justice Emead’s opinion confirms what Riverkeeper has long understood to be the law — that the public is entitled to see communications between Port Authority and FAA. These communications are necessary to determine whether the environmental and community impact review of Port Authority’s proposed AirTrain project will be full and impartial,” said Riverkeeper Senior Attorney Mike Dulong. “To guarantee that such a major piece of infrastructure, costing upwards of $2 billion, is in the best interests of the region and has the least impact on local communities, we must be assured that the environmental review process is objective.”

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