An appeals court panel in the US has ruled that the New Jersey Meadowlands Commission and the Department of Environmental Protection behaved correctly and carried out a proper environmental review and permitting standards when allowing Xanadu to be built.

The case against the Commission and department had been brought by Hartz Mountain, which lost the bid to redevelop the site in 2004, and a number of environmental groups.

Their approach has obviously resulted in this appeal and is open to debate, but it is not arbitrary or capricious and, therefore, given our standard of review, it is not in error,”

said a statement from the court panel.

“We are pleased the decision upholds the process the State of New Jersey used to select a developer at the site,” New Jersey Meadowlands Commission Executive Director Robert Ceberio. “The NJMC is charged with several critical missions, including protecting the Meadowlands District environment while promoting reasonable development, and it is rewarding to see an outside review conclude that we have struck a reasonable balance with these important objectives.”

The environmental groups are now considering continuing their appeal to the US Supreme Court. Xanadu is due to begin opening next year.

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