Staten Island Borough President To File Lawsuit Seeking Prevention Of BESS Site Installation, Rally Monday May 5th: UPDATED

Staten Island Borough President To File Lawsuit Seeking Prevention Of BESS Site Installation

Editor’s note: Multiple Staten Island politicians, having learned about and seen via media reporting and other sources the dangers of these battery charging stations, have sought to stop them from various angles.   Due to the presence of lithium ion batteries, which can and sometimes do catch fire, these are hazardous devices to place in or near residential neighborhoods. For this reason, legislation has been introduced to make it difficult to install these sites in such areas.  Not only do these fires burn unchecked, sometimes for days, these fires cause uniquely unhealthy waste products in the burning that requires evacuation.  Li-ion batteries are also known to be difficult to dispose of,  being difficult to recycle and taking very long to break down.  We also covered this specific site when the Borough President spoke about it.  

According to the Institute for Energy Research, “Electric vehicles, however, require lithium-ion batteries that have issues regarding greenhouse gas emissions during the mining and processing of the raw materials needed and the disposal of the batteries at the end of their life cycle. As more and more electric vehicles are sold, the problems inherent to mining and disposal increase.”

The Port Richmond North Shore Alliance is holding a rally on Monday, May 5th at 10am in front of one of the proposed battery sites.  See below flyer. You can also learn more about the property itself from the filing here.

BP Fossella Set to File Lawsuit Halting Construction of Lithium-Ion Battery Storage Sites at Locations Throughout Staten Island in Residentially-Zoned Neighborhoods

Co-plaintiffs include ten residents living nearby residentially-zoned BESS sites

Staten Island, N.Y. – Borough President Vito Fossella announced plans to file a lawsuit to stop the proliferation of lithium-ion battery energy storage systems on Staten Island at a press conference at the Richmond County Supreme Courthouse on Thursday, April 24th at 11:30 AM.

Borough President Fossella and ten citizens will file a lawsuit this week in Supreme Court, Richmond County seeking a temporary restraining order and a preliminary injunction to prevent a battery energy storage facility from operating at 283 Nelson Avenue, and that a stay be issued covering a BESS site under construction at Tillman Street and Manor Road and additionally covering all BESS sites in Richmond County.

The lawsuit will allege that BESS sites in residential communities are inherently unsafe and that the establishment of these sites is “illegal” as the City of New York violated a series of zoning and municipal regulations in the case of the Nelson Avenue site and others. The lawsuit will argue that the proliferation of BESS sites on Staten Island violates “fair share” provisions of the New York City Charter and other regulatory processes designed to protect the public.

BP Fossella additionally joined a lawsuit filed last month by numerous Staten Island and Queens civic associations against the City of Yes zoning amendments, including the City of Yes for Carbon Neutrality, which officially codified the siting of BESS units in residential zones.

BP Fossella will also hold a press conference at Richmond County Supreme Court next week with co-plaintiffs representing citizens residing near the BESS locations on 283 Nelson Avenue and at Tillman Street and Manor Road.

Joining the Borough President were attorneys Mark Fonte and Lou Gelormino, who will be representing the Borough President in his challenge against BESS facility sitings.

Banner Image: EV charging station. Image Credit – Oxana Melis