Urban Redevelopment Policy, Judicial Deference to Unaccountable Agencies, and Reality in Brooklyn’s Atlantic Yards Project

Abstract

The Atlantic Yards project is a public-private redevelopment initiative in Brooklyn. The project includes a new professional basketball arena as well as 16 mixed-use high rise buildings. In addition, railyards on the site will be improved and decked over to facilitate operations and improve the view. Although the project was greeted positively when it was announced in 2003, concerns have since been raised about the project. Litigation has been brought regarding concerns about eminent domain, environmental review, public authority governance and tenant treatment. This article discusses how the lack of public accountability, procedural transparency and governmental oversight have contributed to an unsustainable framework for the project’s development. By highlighting the shortcomings of the Atlantic Yards project, the authors show how the redevelopment process can be improved for future projects.

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