wrote for a unanimous panel. The 2007 documentary film Brooklyn Matters was one of several which took a critical look at the development project Environmental impact An issue concerning wastewater management was brought up during a preliminary environmental impact assessment of the project, catching the attention of Carroll Gardens residents. According to The Brooklyn Paper, the sewage generated by the development would flow into the city's antiquated combined sewer, which overloads during large rain storms. Allegedly of untreated sewage would drain into waterways around the city each year, including 13 outfalls on the Gowanus Canal. Lawsuit by community groups In late October 2006 the above-mentioned community groups filed a lawsuit in federal court against Bloomberg, Governor George Pataki, and Ratner of Forest City Ratner to stop the project. The plaintiffs are charging that the project would not serve public use, and that this is required by legal precedent. The suit, Goldstein v. Pataki, is being led by Matthew Brinkerhoff. The lawsuit was prompted by an open letter to the Village Voice, which appeared on the nolandgrab.org website. This letter stated that Justice Kennedy's Kelo concurring opinion could be used to attack eminent domain as a violation of minimum scrutiny, which says that government policy (including an eminent domain use) must be rationally related to a legitimate government purpose. Support The project was endorsed by the MTA and former Mayor Michael Bloomberg, has been strongly supported by former Brooklyn Borough President Marty Markowitz, who sees this project as the opportunity to finally produce the business district in Downtown Brooklyn that was intended with the construction of the Williamsburgh Savings Bank Tower but was halted by the Great Depression. The project has also been endorsed by three former governors during its pendency since 2003 (George Pataki, Eliot Spitzer, and David Paterson), who control the state agencies—Empire State Development Corporation (ESDC) and Metropolitan Transportation Authority—that are key to the project. The most fervent public support had come from Markowitz, who saw the project as the opportunity to bring professional sports back to Brooklyn. U.S. Senator Charles Schumer, Congressman Gregory W. Meeks, former Congressmen Edolphus Towns and Anthony Weiner, former State Senator Carl Kruger, and former Comptroller William C. Thompson, Jr. have also supported the project. Job development in the boroughs outside of Manhattan was stated as part of former Mayor Bloomberg's agenda and, in this case especially, had been seen as a way