WAWAYANDA – Three residents who live near the site approved by the Town of Wawayanda Planning Board for a major electric generating plant have filed a lawsuit seeking to toss out the board’s approval and send it back for reconsideration.
The residents contend the planning board failed to require the applicant, CPV Valley, LLC of Maryland, to prepare a supplemental environmental impact statement when it sought and gained approval for its amended site plan earlier this year.
The plaintiffs maintain there were significant changes in the project since the planning board first granted approval in 2013, most notably New York’s ban on fracking of natural gas announced by the Governor late last year. The plant depends on that gas transported by the Millennium Pipeline from the fracking fields in Pennsylvania.
The lawyer for the petitioners, Michael Sussman, said, “It defies logic and the health of our communities to bank fracking because of its significant potential impacts both on human health and our environment and then still to allow construction of a major new facility which depends on fracked natural gas.” He said if municipalities are to abide by environmental laws, “we must study the impacts of the projects we approve.
The lawsuit was filed in State Supreme Court in Orange County.
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