New York Supreme Court Upholds Approval of Battery Park City Climate Resiliency Project

Sive, Paget & Riesel recently secured a significant victory on behalf of the Battery Park City Authority in The Battery Alliance et al. v. Battery Park City Authority et al. (No. 162911/2025), New York State Supreme Court, New York County, successfully defending the approval of the Authority’s North/West Battery Park City climate resiliency project. The project will protect the northern neighborhoods of Battery Park City and surrounding areas from the increasing risks of coastal flooding, storm surge, and sea level rise.

The Court rejected an Article 78 challenge brought by local advocacy groups and residents seeking to halt the project. The petitioners alleged violations of the State Environmental Quality Review Act (SEQRA), the New York State Constitution, and the public trust doctrine. The court denied all of petitioners’ claims and dismissed the action. The ruling allows this critical resiliency initiative to proceed and represents an important outcome for large-scale climate adaptation projects in New York.

SPR attorneys David Paget, Jennifer Coghlan, Jack Nelson, and Claire McNulty served as counsel to the Battery Park City Authority in the litigation.