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Environmentalists to appeal for 'higher standard of environmental review' at Queen City Landing site on Buffalo's Outer Harbor

The battle over the former Freezer Queen site, and its conversion into a 23-story condominium on Buffalo's Outer Harbor isn't over yet.

Four local environmentalists announced Thursday their intent to follow through with an appeal of last week’s ruling by state Supreme Court Judge Donna Siwek that found environmental reviews by developers and the city of Buffalo were on the up-and-up.

“We believe that New York’s appellate courts insist on a higher standard of environmental review than what occurred at the city’s planning board and common council,” said Arthur J. Giacalone, attorney for the four petitioners.

Giacalone, in a statement, said while his clients “greatly respect Judge Siwek, her impressive work ethic and court demeanor,” they don’t agree with her finding that the more than $60 million proposed Queen City Landing project was properly reviewed for its potential adverse effects on the environment.

Asbestos remediation from the former Freezer Queen site on Fuhrmann Boulevard is ongoing. A gaping hole emerged in the north side of the building this week. (T.J. Pignataro/Buffalo News)

Asbestos remediation from the former Freezer Queen site on Fuhrmann Boulevard is ongoing in anticipation of development. A gaping hole emerged in the north side of the building this week. (T.J. Pignataro/Buffalo News)

Giacalone announced the petitioner's intention to formally file a Notice of Appeal, seeking a reversal of Siwek’s Sept. 14 decision, at the state’s Appellate Division in Rochester.

The group also plans to request Siwek “reconsider several of her legal conclusions” in the case, Giacalone said.

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