PSEG officials last week asked a court to dismiss a lawsuit filed against the utility by an East Hampton nonprofit, but the organization said it will continue to fight the utility, claiming in a counter-filing that PSEG has made “false arguments.”
Long Island Businesses For Responsible Energy, or LIBFRE, filed a lawsuit against PSEG in May, claiming that the utility company’s project in East Hampton—the installation of a 23/33-kilovolt transmission and 267 new utility poles—is a hazard to residents’ health and safety, as well as a detriment to property values.
PSEG filed a motion last week to dismiss the complaint in State Supreme Court, saying LIBFRE’s suit wasn’t filed until eight months after an environmental study was filed, as required by the State Environmental Quality Review Act—too long to raise the concerns. Furthermore, the SEQRA study concluded that the project would have no adverse effect on the environment.
“We think their basic arguments are false,” LIBFRE spokesperson Rebecca Singer said on Tuesday. “Their reasons for [seeking to dismiss] our complaint are invalid and don’t apply under the law.”
PSEG also argues that LIBFRE fails to prove how the SEQRA determination was incorrectly made, has a “lack of subject matter jurisdiction,” and fails to prove the existence of electromagnetic fields created by the transmission line.
Ms. Singer said LIBFRE and its attorney, Irving Like, will have 60 days to respond to the motion to dismiss and have every intention of addressing it “point by point.”
PSEG spokesperson Jeffrey Weir said on Tuesday that he could not comment on “pending litigation or filings that may or may not be issued.”