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NEWS

Borough President Vito Fossella Announces Plans To File Lawsuit To Halt Construction Of BESS Sites On Staten Island

4/24/2025

 
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Borough President Vito Fossella announced plans to file a lawsuit to stop the proliferation of lithium-ion battery energy storage systems (BESS) on Staten Island, alleging they are “inherently unsafe.”

Ten Staten Islanders will join the lawsuit as plaintiffs seeking a temporary restraining order and a preliminary injunction to prevent a BESS site from operating at 283 Nelson Ave. in Great Kills. 


The lawsuit will seek a stay at a BESS site under construction at Tillman Street and Manor Road. It will also argue that the proliferation of BESS sites on Staten Island violates “fair share” provisions of the New York City Charter and other regulatory processes designed to protect the public.

“Staten Island is slated to get about 50% of these storage facilities even though we have 6% of the population,” said Borough President Fossella at a press conference outside of Richmond County Supreme Court. "Public safety is not the driving force in siting these facilities, it’s about convenience and cost. We’re taking this to the courts to fight for what is right."

​Borough President Fossella called attention to legislation in California that says a battery storage site must be sited 3,250-feet from a home -- or more than a mile -- after widespread fires led to large-scale evacuations.

“That’s what they’re pursuing in other parts of the country, where they’ve had to shut down highways, evacuate areas, then let people come back in, only to evacuate them once again,” said Borough President Fossella, noting that some facilities on Staten Island have been constructed within 20-feet of residential neighborhoods. “If these facilities catch fire, are they going to evacuate Great Kills, are they going to shut down Hylan Boulevard? We don’t think it’s right, which is why we’re standing here today.”

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Office of Staten Island Borough President Vito Fossella  •  10 Richmond Terrace  •  Staten Island, NY 10301  •  718-816-2000
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