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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. MARSH

No. 1141, Docket 86-6272.

836 F.2d 87 (1987)

NATURAL RESOURCES DEFENSE COUNCIL, INC., the Parks Council, Inc., Hudson River Sloop Clearwater, Inc., Terence H. Benbow, Eleanor Todd, Ross Sandler, Paul Reitman, Wilberforce D. Simmons, Virdell M. Sanders, Antoinette C. Jackson, and Gloria Verdell, Plaintiffs-Appellants, v. John O. MARSH, Jr., as Secretary of the Army, Department of the Army, John Lehman, as Secretary of the Navy, William J. Ryan, as Director of the Navy Resale and Support Office, Department of the Navy, and James G. Watt, as Secretary of the Interior, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 24, 1987.

Attorney(s) appearing for the Case

James Thorton, New York City, for plaintiffs-appellants.

Robin L. Greenwald, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., Andrew J. Maloney, U.S. Atty., and Robert L. Begleiter, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., for defendants-appellees.

Before VAN GRAAFEILAND, KEARSE and MAHONEY, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Natural Resources Defense Council, Inc. (NRDC) appeals from that portion of a judgment of the United States District Court for the Eastern District of New York (Neaher, J.) which upholds the Secretary of the Army's transfer to the Navy of certain land located within the boundaries of a proposed Gateway National Recreation Area. We affirm.

The Gateway National Recreation Act (Gateway Act), passed by Congress in 1972, established...

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