Quogue - After years of fighting an ill-conceived plan to expand a non-conforming marina located at 94 Dune Road at the restaurant known as Dockers, Peconic Baykeeper has scored an important legal victory.

Speaking with Peconic Baykeeper Kevin McAllister today he relayed "Obviously we are very pleased by this decision and ultimately by compelling the Southampton Trustees to follow SEQRA it ensures greater communication amongst the regulatory agencies that would be involved in a project, and just leads to greater disclosure and transparency."

In a succinct decision rendered on January 22, Supreme Court Justice John J. J. Jones, Jr. ruled that the Trustees are in fact an agency of the state, and as such, are obligated to comply with State Environmental Quality Review Act (SEQRA). Citing the Trustees' failure to comply with state law, the court voided the previously issued permit and enjoined the Trustees from issuing any further permits until compliance with the provisions of SEQRA have been met. Peconic Baykeeper commenced the Article 78 proceeding in State Supreme Court in February 2008 in response to the Southampton Town Trustees' approval of the project on October 6, 2008.

"Although the present marina plan was significantly scaled back from the original version, it remains a misguided project that will degrade habitat and water quality, and result in the closure of shellfish beds that currently support year-round harvesting."

"The site is located in the heart of state and federally designated significant fish and wildlife habitat in Shinnecock Bay. Encouraging boating over highly productive flats and shoals would inevitably lead to groundings and likely form the basis for renewed calls for dredging. Marinas are necessary for the commercial and recreational use of coastal waters, but should be kept where they belong, adjacent to deep water and channels and not in a remote corner of pristine marine waters."

Throughout the review process the Trustees dismissed repeated assertions that they are obligated to coordinate environmental review with other regulatory agencies as required by SEQRA. McAllister stated, "Commencing this action was necessary to protect a valuable resource and to impose proper procedures on the Trustee permitting process. SEQRA requires communications between public agencies to ensure full disclosure to ultimately better protect the environment. The Trustees now must protect the public interest by adhering to the tenets of SEQRA."

McAllister further elaborated "At the end of the day it ensures greater environment protection, and this is a significant decision in that both Southampton and Easthampton Trustees by virtue of their creation have long held that they are exempt from state law, and this decision affirms that they are, in fact, an agency of the state and therefore must comply with state laws."