Richard George v. Nyc Dep't of City Plan., Nyc Dep't of Bldgs., & Shacaf Ankor, Docket No. 05-0886-Cv, 436 F.3d 102 (2d Cir. 2006). · Go Syfert
Richard George v. Nyc Dep't of City Plan., Nyc Dep't of Bldgs., & Shacaf Ankor, Docket No. 05-0886-Cv, 436 F.3d 102 (2d Cir. 2006). Cases Citing This Book View Copy Cite
33 citation events (33 in the last 25 years) across 11 distinct courts.
Strongest positive: Klaneski v. State Farm Mutual Automobile Insurance Company (ctd, 2023-06-30)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
cited Cited as authority (rule) Klaneski v. State Farm Mutual Automobile Insurance Company
D. Conn. · 2023 · confidence medium
Dep’t of City Plan., 436 F.3d 102, 103 (2d Cir. 2006)).
cited Cited as authority (rule) Klaneski v. State Farm Mutual Automobile Insurance Company
D. Conn. · 2023 · confidence medium
Dep’t of City Plan., 436 F.3d 102, 103 (2d Cir. 2006)).
examined Cited as authority (rule) Jurist v. The Long Island Power Authority (3×)
E.D.N.Y · 2021 · confidence medium
(Id. at 9.) The State Defendants argue that the Court should adopt the R&R in full because (1) the federal statues Plaintiff invokes include no private right of action, (2) Plaintiffs may not raise violations of federal laws under Article 78 when the federal laws in question do not provide a private right of action, (3) George v. New York City Department of City Planning, 436 F.3d 102, 103 (2d Cir. 2006), which held that the CZMA does not contain a private right of action, is binding precedent regardless of Plaintiffs’ arguments, and (4) the Fourteenth Amendment does not automatically abroga…
discussed Cited as authority (rule) Defend H20 v. Town Board of East Hampton
E.D.N.Y · 2015 · confidence medium
As an initial matter, the Court notes that the Second Circuit has suggested, but not decided, that “the only possible private right of action under the Act would be against the federal government through the Administrative Procedure Act.” George v. NYC Dept. of City Planning, 436 F.3d 102, 104 (2d Cir.2006) (quoting parenthetically New York v. DeLyser, 759 F.Supp. 982, 987 (W.D.N.Y.1991)); George v. Evans, 311 Fed.Appx. 426, 428 (2d Cir.2009) (“In George I we suggested, without deciding, that the ‘only possible private right of action under the [CZMA] would be against .the federal gove…
discussed Cited as authority (rule) Fair v. Verizon Communications Inc.
2d Cir. · 2015 · confidence medium
See, e.g., Republic of Iraq v. ABB AG, 768 F.3d 145, 171 (2d Cir.2014) (affirming district court’s dismissal under Rule 12(b)(6) that Foreign Corrupt Practices Act does not provide a private right of action); Lopez v. Jet Blue Airways, 662 F.3d 593, 597 (2d Cir.2011) (affirming district court’s dismissal under Rule 12(b)(6) that the Air Carrier Access Act does not provide a private right of action); George v. NYC Dep’t of City Planning, 436 F.3d 102, 103 (2d Cir.2006) (affirming district court’s dismissal under Rule 12(b)(6) that the Coastal Zone Management Act does not provide a priva…
cited Cited as authority (rule) Ruotolo v. Fannie Mae
S.D.N.Y. · 2013 · confidence medium
Dep’t of City Planning, 436 F.3d 102, 103 (2d Cir.2006)) (first alteration in original).
cited Cited as authority (rule) Abrahams v. MTA Long Island Bus
2d Cir. · 2011 · confidence medium
Dep’t of City Planning, 436 F.3d 102, 103 (2d Cir.2006); see Olmsted v. Pruco Life Ins.
discussed Cited as authority (rule) Coastal Habitat Alliance v. Jerry Patterson
5th Cir. · 2010 · confidence medium
“It is telling that the Act specifies a mechanism *361 for enforcing the consistency requirement against state and city agencies without mention of any private right of action.” George v. NYC Dep’t of City Planning, 436 F.3d 102, 103 (2d Cir.2006). 1 To summarize, we find no basis to recognize preemptive federal “procedural rights” under the Act that would force the Texas agencies to conduct a consistency review and allow for public participation before authorizing the private construction of wind farms.
cited Cited "see" George v. Evans
2d Cir. · 2009 · signal: see · confidence high
See George v. NYC Dep’t of City Planning, 436 F.3d 102, 104 (2d Cir.2006) (“George I ”); see also George v. Home Impressive, Inc., 180 Fed.Appx. 256, 257 (2d Cir.2006) (“George II ”).
cited Cited "see" George v. Evans
2d Cir. · 2009 · signal: see · confidence high
See George v. NYC Dep’t of City Planning, 436 F.3d 102, 104 (2d Cir.2006) (“George I ”); see also George v. Home Impressive, Inc., 180 Fed.Appx. 256, 257 (2d Cir.2006) (“George II ”).
cited Cited "see" Coastal Habitat Alliance v. Patterson
W.D. Tex. · 2008 · signal: see · confidence high
See generally George, 436 F.3d 102 ; Long Island Power Auth., 30 F.3d 403 .
cited Cited "see" George v. Home Impressive, Inc.
2d Cir. · 2006 · signal: see · confidence high
See George v. NYC Dep’t of City Planning, 436 F.3d 102, 104 (2d Cir.2006).
discussed Cited "see, e.g." Green Oceans v. United States Department of the Interior
D.D.C. · 2025 · signal: see, e.g. · confidence medium
See, e.g., George v. NYC Dep’t of City Planning, 436 F.3d 102, 103-04 (2d Cir. 2006) (the CZMA “affords no private right of action”); George v. Evans, 311 F. App’x 426, 428 (2d Cir. 2009) (“The CZMA does not entitle plaintiffs to assert a private cause of action against the federal, state, city, or private defendants.”).
discussed Cited "see, e.g." Town of Ogden Dunes v. United States of America Department of Interior
N.D. Ind. · 2022 · signal: see also · confidence medium
See New York v. DeLyser, 759 F. Supp. 982, 987 (W.D.N.Y. 1991) (commenting that “case law suggests that an injured party may bring an action to force the federal government to fulfill its statutory obligations under CZMA” through the APA (citing cases)); see also George v. New York City Dep’t of City Planning, 436 F.3d 102, 104 (2d Cir. 2006) (citing DeLyser, 759 F. Supp. at 987 )).
discussed Cited "see, e.g." Nken v. Holder
SCOTUS · 2009 · signal: see, e.g. · confidence medium
See, e. g., Mohammed, 309 *436 F. 3d, at 102 (Government harm is nothing more than “one alien [being] permitted to remain while an appeal is decided”); Ofosu, supra, at 699 (the Government “suffers no offsetting injury” in removal eases).
Retrieving the full opinion text from the archive…
Richard GEORGE, Plaintiff-Appellant,
v.
NYC DEPARTMENT OF CITY PLANNING, NYC Department of Buildings, and Shacaf Ankor, Defendants-Appellees
102.
Court of Appeals for the Second Circuit.
Jan 25, 2006.
436 F.3d 102
Richard George, Plaintiff-Appellant, pro se., Scott Shorr, Corporation Counsel of the City of New York, New York, N.Y. representing Defendants-Appellees NYC Department of City Planning and NYC Department of Buildings.
Oakes, Jacobs, Sack.
Cited by 16 opinions  |  Published
DENNIS JACOBS, Circuit Judge.

The complaint alleges that the New York City Department of Buildings granted various building permits for a fence that obstructed a public right of access to a beach on the Atlantic Ocean, and that the City approved the fence without reviewing its environmental impact, violating public and private rights guaranteed by the Coastal Zone Management Act, 16 U.S.C. § 1451 et seg. (2004).

Magistrate Judge Lois Bloom filed a Report and Recommendation in October 2004 recommending that the complaint be dismissed on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, on the ground that the Act does not afford a private right of action against city agencies. The United States District Court for the Eastern District of New York (Feuerstein, /.), adopted the Report and Recommendation in its entirety. We affirm.

DISCUSSION

A grant of judgment on the pleadings is reviewed de novo; we affirm only if plaintiff would not be entitled to relief under any set of alleged facts. Sheppard v. Beerman, 18 F.3d 147, 150 (2d Cir.1994).

“Like substantive federal law itself, private rights of action to enforce federal law must be created by Congress.” Alexander v. Sandoval, 532 U.S. 275, 286, 121 S.Ct. 1511, 149 L.Ed.2d 517 (2001). Plaintiff challenges the City’s compliance with the following chapter of the Act:

State and local governments submitting applications for Federal assistance under other Federal programs, in or outside of the coastal zone ... shall indicate the views of the appropriate state or local agency as to the relationship of such activities to the approved management program for the coastal zone.... Federal agencies shall not approve proposed projects that are inconsistent with the enforceable policies of a coastal state’s management program, except upon a finding by the Secretary that such project is consistent with the purposes of this chapter or necessary in the interest of national security.

16 U.S.C. § 1456(d) (2000) (emphasis added).

To discover whether Congress intended that the Act be enforceable by a private right of action, we look to the “text and structure” of the statute. Sandoval, 532 U.S. at 288, 121 S.Ct. 1511. Where the text explicitly contemplates public enforcement only, courts will assume Congress intended to preclude private enforcement. Id. at 290, 121 S.Ct. 1511; Gerosa v. Savasta & Co., 329 F.3d 317, 322 (2d Cir.2003).

Nothing in the text of the Act renders the City liable to plaintiff for granting defendant a building permit without reviewing whether the project is consistent with the coastal zone. And the “structure” of the Act only reinforces the view that the Act affords no private right of action. The Act specifies a remedy against state or city agencies that proceed without consistency review: the denial of “applications for Federal assistance under other Federal programs.” 16 U.S.C. § 1456(d); see also, 16 U.S.C. § 1455(b) (2000) (“The Secretary may make a grant to a coastal state under ... this section only if the Secretary finds that the management program of the coastal state meets all applicable requirements of this chapter.... ”). It is telling that the Act specifies a mechanism for enforcing the consistency requirement against state and city agencies without mention of any private right of action.

[*104] As the Third Circuit concluded, the Act’s “general statement of intent to enhance state authority, given effect through explicit measures in the statute itself, cannot be taken to indicate an intent also to create rights of actions that the statute fails to mention.” Dep’t of Envtl. Prot. & Energy v. Long Island Power Auth., 30 F.3d 403, 423 (3d Cir.1994); see also California ex rel. Brown v. Watt, 683 F.2d 1253, 1270 (9th Cir.1982), rev’d on other grounds, 464 U.S. 312, 104 S.Ct. 656, 78 L.Ed.2d 496 (1984) (assuming, though not deciding, that no private right of action is available under the Act). District courts within the Second Circuit have likewise declined to find a private right of action in the Act. See Town of N. Hempstead v. Vill. of N. Hills, 482 F.Supp. 900, 905 (E.D.N.Y.1979) (“[The Act] is neither a jurisdictional grant, nor a basis for stating a claim upon which relief can be granted.”); see also New York v. DeLyser, 759 F.Supp. 982, 987 (W.D.N.Y.1991) (suggesting that only possible private right of action under the Act would be against the federal government through the Administrative Procedure Act).

We adopt the interpretation favored by other circuits and by district courts in this Circuit, namely, that the Coastal Zone Management Act creates no private right of action against city agencies.

We have considered all of plaintiffs other claims and consider them to be without merit. The decision of the district court is affirmed.