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Eddie Bautista, the executive director of the New York City Environmental Justice Alliance, had hoped for changes to the Fair Share language in the 1989 charter, which was supposed to give communities a chance to resist having a disproportionate number of waste facilities, sewage plants and other burdensome facilities located in their neighborhoods. The 1989 language left loopholes that Bautista and his allies wanted to close.

"The jury's still out on it. It's disappointing," Bautista says. He was puzzled by the staff's conclusion that changes to Fair Share represented "substantial changes to the balance in the system of land use established in the 1975 Charter." Bautista insists that "none of us proposed anything other than fixing the 1989 charter."

"If this was not something that was low-hanging fruit to correct an injustice, I don’t know what is," he added. Bautista said NYEJA was meeting to decide whether to push harder for a change this year, or wait for a second round of charter changes that could come in 2011 or 2012.

It's unclear, however, that there will be anything to wait for. "There is no guarantee as to whether the mayor is going to re-empanel this commission or any other commission," Bautista said. "This may be the last shot we had."