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SIERRA CLUB v. U. S. ARMY CORPS OF ENGINEERS

No. 79 Civ. 3363.

481 F.Supp. 397 (1979)

SIERRA CLUB, Committee for Better Transit Inc., NYC Clean Air Campaign, Inc., West 12th Street Block Association, Otis Burger, Mary Rowe, Citizens Committee of Hudson County, and Howard Singer, Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS, Clifford L. Alexander, Jr., as Secretary of the Army of the United States, John W. Morris, as Chief of Engineers, Clark H. Benn, as New York District Engineer of the United States Army Corps of Engineers, and William C. Hennessy, as Commissioner of the New York State Department of Transportation, Defendants.

United States District Court, S. D. New York.

November 8, 1979.

Attorney(s) appearing for the Case

Butzel & Kass by Albert K. Butzel, New York City, for plaintiffs.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York by Jane E. Bloom, Asst. U. S. Atty., New York City, for defendants.

MEMORANDUM AND ORDER

OWEN, District Judge.

This action, commenced by the Sierra Club and others, arises out of the controversial Westway Project, a proposal by the New York State Department of Transportation for the construction of a superhighway on the west side of New York City. In April 1977, the State applied to the United States Army Corps of Engineers for landfill permits necessary for construction of the highway. As required by § 102(2)(C) of...

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