ACTION FOR RATIONAL TRANSIT, et al., Plaintiffs,
v.
WEST SIDE HIGHWAY PROJECT, By its Executive Director, Lowell K. BRIDWELL, et al., Defendants.
SIERRA CLUB, et al., Plaintiffs,
v.
UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants.
United States District Court, S. D. New York.https://leagle.com/images/logo.png
March 31, 1982.
March 31, 1982.
Attorney(s) appearing for the Case
William Hoppen, New York City, for plaintiffs in No. 74 Civ. 5572.
John S. Martin, Jr., U. S. Atty. by R. Nicholas Gimbel, Stuart M. Bernstein, New York City, for defendants Andrew L. Lewis, Jr., U. S. Secretary of Transp.; Walter C. Barber, Acting Administrator, and Richard Dewling, Acting Regional Administrator, of Environmental Protection Agency and U. S. Army Corps of Engineers.
Beveridge & Diamond by Gary H. Baise, Jonathan Z. Cannon, Charles A. Patrizia, Carl Eardley, Washington, D. C., for defendants West Side Highway Project; Lowell K. Bridwell, Executive Director of WSHP; Hugh L. Carey, Governor of New York State; and William C. Hennessy, New York State Commissioner of Transp.
Donovan, Leisure, Newton & Irvine by Sanford M. Litvack, Cathy Fleming, William A. Davis, II, New York City, for Robert F. Flacke, Commissioner of the New York State Dept. of Environmental Conservation.
Frederick A. O. Schwarz, Jr., Corp. Counsel by John C. Brennan, New York City, for Edward I. Koch and Francis X. McArdle.
Wikler, Gottlieb, Taylor & Howard by Harry A. Gottlieb, New York City, for J. William Burns, Chairman, and Frank T. Johnson, Executive Director, of the TriState Regional Planning Com'n.
Butzel & Kass by Albert K. Butzel, Mitchell S. Bernard, Michael B. Gerrard, Robert J. Sugarman, New York City, for plaintiffs in No. 81 Civ. 3000.
Lawrence R. Liebesman, Washington, D. C., for Environmental Defense Section, Land and Natural Resources Div., U. S. Dept. of Justice.
United States District Court, S. D. New York.
OPINION
GRIESA, District Judge.
These two actions have been brought to attack, on various legal grounds, the construction of an interstate highway and urban renewal project known as Westway. Plaintiffs in the Action for Rational Transit ("ART") case complain that the construction of this project involves unwarranted devotion of federal funds to facilitating automobile and truck traffic on Manhattan Island, with attendant air pollution problems...
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