Judge tosses NYRI suit

By Tom Grace
Cooperstown News Bureau

October 27, 2007 08:44 am

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In federal district court Friday, a judge dismissed a lawsuit that had been lodged by NYRI against state officials who promulgated a law restricting the firm's ability to seize land through eminent domain.

The narrowly drawn bill, signed into law last year by then-Gov. George Pataki, was seen by many as directed against New York Regional Interconnect Inc., a firm that is trying to build a massive $1.6 billion electric transmission line from Marcy to New Windsor.

NYRI had sued the officials most closely connected with the law according to John Milgrim, a spokesman for state Attorney General Andrew Cuomo. U.S. Judge Thomas J. McAvoy made the ruling from the bench and did not issue a written decision.

Among those named in the lawsuit were Pataki and state senators Thomas Libous, R-Binghamton, John Bonacic, R-New Hope, and James Seward, R-Milford.

Friday afternoon, Seward's spokesman, Duncan Davie, said Seward was pleased the lawsuit was dismissed.

``We're not sure of the details, yet,'' said Davie. ``It's my understanding that the judge dismissed the suit based on the immunity that officials have when they're doing their jobs.''

Davie said while Seward was happy with McAvoy's ruling, he wants to make sure the law itself stands as a barrier against projects such as NYRI.

Milgrim said the ruling could be interpreted as support for the law and in a statement sent to The Daily Star, Cuomo said, ``The judge's decision is a win for home owners in central New York and across the state.

``As Attorney General, I will continue to fight for New York's right to make decisions on projects like NYRI based on our state's environmental and energy needs, not on the desires of private companies or the federal government.''

David Kalson, a spokesman for NYRI, could not be reached for comment Friday.

Chris Rossi, co-chair of Stop NYRI Inc. said the ruling was ``good news for those who oppose the power line, but we can't really rest now.'' The ruling is likely to have no effect on NRYI's push to have the federal Department of Energy approve the project, she said.

Earlier this year, the DOE announced the creation of two vast ``national interest electric transmission corridors'' in which powerlines can be approved over the objections of state officials. Private firms are allowed to use federal eminent domain laws to take land in these corridors.

The eastern corridor incorporates much of New York State and all of NYRI's proposed 200-mile route through Oneida, Madison, Chenango, Broome, Delaware, Sullivan and Orange counties.

The project, which proponents say is needed to increase the flow of electricity to the New York City area, has drawn harsh criticism from those who live along its path. Both of New York State's U.S. senators, Hillary Clinton and Charles Schumer, have criticized it.

Earlier this year, some federal legislators, including Rep. Michael Arcuri, D-Utica, tried unsuccessfully to pass legislation that would prevent federal eminent domain laws from being used to seize land along NYRI's route.

Rossi said opponents still worry that the Federal Energy Regulatory Commission, a part of the DOE, will allow NYRI's investors to use this federal option, although she was pleased that Cuomo's statement included a reference to the federal government.

``If comes to that, we're really going to need the attorney general to fight it in court,'' he said.