Residential groups on the Upper East Side had filed a lawsuit to stop the building of a garbage transfer station at East 91st Street and the FDR Drive, but a judge dismissed the suit, noting that the plan would "further the city's announced, rational goals of promoting equity among the boroughs for responsibility over waste disposal, and reducing truck traffic." Indeed, Mayor Bloomberg proposed the controversial plan almost two years ago and tried to get it passed last year but the City Council foiled it. He managed to get enough votes this year from the City Council, but the lawsuit was still pending.
One factor in swaying City Council support was the fact that it meant Manhattan would get its own waste-transfer station, versus continuing to rely solely on other stations in poor areas of other boroughs. City Councilman Charles Barron, who called the 2005 City Council veto of the plan "embarrassing," hailed the judge's decision, saying, "It's time for them to do their fair share. Environmental racism must cease." The NY Sun has the UES opinion from Gracie Point Community Council's Anthony Ard: "The health and safety of the residents of one neighborhood are no less important than the healthy and safety of the residents of any other neighborhood. This is the only transfer station to be located in a densely populated neighborhood."