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

No. 81 Civ. 3000.

614 F.Supp. 1475 (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, 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 District Court, S.D. New York.

August 7, 1985.


Attorney(s) appearing for the Case

Mitchell S. Bernard, New York City (Jean McCarroll, Butzel & Kass, New York City, on brief), for plaintiffs Sierra Club, et al.

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

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


OPINION

GRIESA, District Judge.

On March 31, 1982 and June 30, 1982 the court handed down opinions ruling that certain authorizations, which had previously been granted by the U.S. Army Corps of Engineers and the Federal Highway Administration for the Westway project in New York City, should be vacated. The Corps had granted to the State of New York a permit for landfill in the Hudson River, and the FHWA had approved the grant of 90% federal funding to the...

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