NEW YORK, NY March 24, 2006 —In a victory for opponents of the Brooklyn Nets High Rise project, a state agency has voted not to use a laywer who also works for developer Forest City Ratner. But the Empire State Development Corporation is defending its right to chose its own lawyer in court. WNYC's Andrea Bernstein has more.

At issue in the case is the state's environmental review law. That law says that state agencies are supposed to perform an independent evaluation of a project's impact on the local environment. In this case, the state hired a lawyer to do the review who also works for the developer. Project opponents sued to block that, and a state judge agreed with them, saying the dual role for the laywer was "a severe, crippling conflict of interest."

But the state's lawyers were in an appeals court yesterday, arguing they are working in collaboration with the developer, and that they have a right to use the lawyer of their choice. There's no ruling yet, but a five-judge panel seemed largely sympathetic to the state position. The case could go to the state's highest court, setting precedent for environmental reviews for all further big building projects.