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NATIONAL WILDLIFE FEDERATION v. BENN

No. 78 Civ. 2118 (CHT).

491 F.Supp. 1234 (1980)

NATIONAL WILDLIFE FEDERATION and Environmental Defense Fund, Plaintiffs, v. Clark H. BENN (in his official capacity as District Engineer, Department of the Army, New York District, Corps of Engineers), and John W. Morris (in his official capacity as Chief of Engineers, Department of the Army, Corps of Engineers), and Clifford L. Alexander, Jr. (in his official capacity as Secretary, Department of the Army), Defendants.

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

June 12, 1980.

Attorney(s) appearing for the Case

Kenneth S. Kamlet, National Wildlife Federation, Washington, D. C., James T. B. Tripp, Environmental Defense Fund, New York City, of counsel, for plaintiffs.

John S. Martin, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendants; Peter R. Paden, Asst. U. S. Atty., New York City, of counsel.

OPINION

TENNEY, District Judge.

This action involves the ocean dumping of dredged materials from the New York Harbor area into the Mud Dump Site, an ocean dumping ground in the New York Bight located off the coasts of New York and New Jersey. The plaintiffs are two nonprofit corporations concerned with the conservation and preservation of natural resources. The defendants are the District Engineer of the Army Corps of Engineers for the New York District...

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