In Save the Pine Bush v. Common Council of the City of Albany, 188 AD2d 969, 591 N.Y.S.2d 897 3rd Dept. 1992, prior decisions of the Third Department and Court of Appeals had established that the preservation of the subject Pine Bush Ecology and survival of the Karner Blue Butterfly depended on a minimum acreage of 2,000 acres (188 AD2d at 970). However, the City of Albany approved the challenged zoning amendments when only 1,700 acres had been acquired, stating that it had plans to increase the acreage to the requisite level (id. at 971). In upholding the judgment of the Supreme Court annulling the city's determination and declaring the Zoning Code amendments null and void, the Third Department observed that the city's EIS failed to address "the probability, likelihood or expectation of acquiring the necessary acreage" (id. at 971). Thus, "the determinations lacked a reasoned elaboration concerning the manner in which the necessary 2,000 acres would be acquired... which was an environmental concern that had to be addressed as it was essential to perpetuate the Pine Bush Ecology and the Karner Blue Butterfly" (id.).