Ruling to restart Fire Island dune project hailed by officials
Officials Saturday pledged to swiftly restart Fire Island's dune-building project after Audubon New York lost a court battle over whether a small section posed too much risk to endangered piping plovers. The dismissal of the nonprofit's lawsuit means the first dunes could be built this winter in parklands on the barrier island, said Gilbert Anderson, Suffolk public works commissioner.
In her decision Friday, U.S. District Judge Sandra Feuerstein rejected Audubon New York's request for a preliminary injunction stopping a three-mile portion of the 19-mile project.
"Since plaintiff has not demonstrated a likelihood of success on the merits of any of its claims against defendants, it is unnecessary to consider the 'irreparable injury' and 'public interest' prongs of a preliminary injunction motion," she wrote.