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SIERRA CLUB v. UNITED STATES ARMY CORPS OF ENG.

Nos. 473, 475, 476, 522, 523, 524, Dockets 82-6125, 82-6145, 82-6149, 82-6183, 82-6193 and 82-6195.

701 F.2d 1011 (1983)

SIERRA CLUB, the City Club of New York, Business for Mass Transit, Committee for Better Transit, Inc., NYC Clean Air Campaign, Inc., West 12th St. Street Block Association, Hudson River Fishermen's Association, Hudson County Citizens for Clean Air, Seymour Durst, Otis Burger, Mary Rowe and Howard Singer, Plaintiffs-Appellees-Cross-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS, John Marsh, as Secretary of the Army of the United States, Joseph K. Bratton, as Chief of Engineers, Walter M. Smith, Jr., as New York District Engineer of the United States Army Corps of Engineers, William C. Hennessy, as Commissioner of the New York State Department of Transportation, United States Department of Transportation, Andrew L. Lewis, Jr., as Secretary of Transportation of the United States, Federal Highway Administration, and Raymond A. Barnhart, as Administrator of the Federal Highway Administration, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 25, 1983.

Attorney(s) appearing for the Case

Albert K. Butzel, New York City (Mitchell S. Bernard, Butzel & Kass, New York City, on brief), for plaintiffs-appellees-cross-appellants Sierra Club, et al.

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City (R. Nicholas Gimbel, Gaines Gwathmey, III, Thomas D. Warren, Asst. U.S. Attys., New York City, on brief), for defendants-appellants-cross-appellees U.S. Army Corps of Engineers and Federal Highway Admin.

Milton S. Gould, New York City (Bernard D. Fischman, Shea & Gould, New York City, Darrell Harp, Michael McDonald, Albany, N.Y., Gary H. Baise, Jonathan Z. Cannon, Karl S. Bourdeau, Beveridge & Diamond, Washington, D.C., on brief), for defendant-appellant-cross-appellee Hennessy.

Before OAKES, MESKILL and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

These are appeals by state and federal defendants and a cross-appeal by plaintiffs Sierra Club, et al. ("Sierra Club"), from judgments of the United States District Court for the Southern District of New York, Thomas P. Griesa, Judge, upholding in part plaintiffs' challenge to the federal defendants' approval of Hudson River landfill in connection with a proposed New York City highway known as "Westway." The court ruled that defendants...

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