SIERRA CLUB v. UNITED STATES ARMY CORPS OF ENGINEERS

Nos. 304, 315, Dockets 85-6297, 85-6299.

772 F.2d 1043 (1985)

SIERRA CLUB, Hudson River Fishermen's Association, NYC Clean Air Campaign, Inc., the Hudson River Sloop Clearwater, Inc., the City Club of New York, Business for Mass Transit, Committee for Better Transit, Inc., West 12th Street Block Association, Friends of the Earth, Otis Burger, Mary Rowe, and Howard Singer, Plaintiffs-Appellees, v. UNITED STATES ARMY CORPS OF ENGINEERS, John Marsh, as Secretary of the Army of the United States, E.R. Heiberg, III, as Chief of Engineers, Fletcher H. Griffis, as New York District Engineer, United States Department of Transportation, Elizabeth Dole, as Secretary of Transportation of the United States, Federal Highway Administration, Raymond A. Barnhart, as Federal Highway Administrator, United States Environmental Protection Agency, Lee Thomas, as Administrator of the Environmental Protection Agency, Christopher J. Daggett, as Administrator, Region II of the Environmental Protection Agency, James L. Larocca, as Commissioner of the New York State Department of Transportation, Defendants, United States Army Corp of Engineers, Federal Highway Administration and the New York State Department of Transportation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 11, 1985.


Attorney(s) appearing for the Case

Howard Wilson, Asst. U.S. Atty. for the S.D. of N.Y., New York City (Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., Marc H. Rosenbaum, Randy M. Mastro, Asst. U.S. Attys. for the S.D. of N.Y., New York City, of counsel), for defendants-appellants U.S. Army Corps of Engineers and Federal Highway Admin.

Paul J. Curran, New York City (Bruce Margolius, Kimberly A. McFadden, Lauri A. Novick, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for defendant-appellant N.Y. State Dept. of Transp.

Mitchell S. Bernard, New York City (Jean M. McCarroll, Butzel & Kass, New York City, of counsel), for plaintiffs-appellees.

Before MANSFIELD, CARDAMONE and PRATT, Circuit Judges.


CARDAMONE, Circuit Judge:

A change in something from yesterday to today creates doubt. When the anticipated explanation is not given, doubt turns to disbelief. This case is capsulized in that solitary simile. Following review during a 30-day trial of a remanded administrative proceeding, the United States District Court for the Southern District of New York (Griesa, J.) entered a judgment in favor of plaintiffs, Sierra Club and others on August 8, 1985. That judgment...

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