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WILDER v. THOMAS

No. 288, Docket 87-7516.

854 F.2d 605 (1988)

Stephen F. WILDER, Brendan Gill, Imre J. Rosenthal, Stephen Rosenthal, Robert Neuwirth, Lori Jean Saich, and the Whitby Tenants' Association, Plaintiffs-Appellants, v. Lee M. THOMAS, as Administrator of the United States Environmental Protection Agency, United States Environmental Protection Agency; Region II of the United States Environmental Protection Agency; New York State Urban Development Corporation; Vincent Tese, as Chairman of the New York State Urban Development Corporation; Times Square Redevelopment Corporation; Carl Weisbrod, as President of the Times Square Redevelopment Corporation; New York State Department of Environmental Conservation; Henry G. Williams, as Commissioner of the New York State Department of Environmental Conservation; Department of Environmental Protection of the City of New York; Harvey W. Schultz, as Commissioner of the Department of Environmental Protection to the City of New York; Mario M. Cuomo, as Governor of the State of New York; and Edward I. Koch, as Mayor of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 10, 1988.

Attorney(s) appearing for the Case

Jacob Friedlander, New York City (LeBoeuf, Lamb, Leiby & MacRae, John S. Kinzey, Jonathan E. Polonsky, Stephen Orel, Steven R. Lazar; Norman Dorsen, New York City, of counsel), for plaintiffs-appellants.

Stephen Kass, New York City (Berle, Kass & Case, Jean M. McCarroll, David A. Hansell, Joanne M. Gentile, Gail S. Port, Joseph C. Petillo, of counsel), for defendants-appellees New York State Urban Development Corp.

Peter L. Zimroth, New York City (Corp. Counsel of the City of New York, Leonard Koerner, Fay Leoussis, of counsel), for New York City defendants-appellees.

Robert Abrams, New York City, Atty. Gen. of the State of New York (John Proudfit, C. Michael Bryce, Asst. Attys. Gen. of the State of New York, of counsel), for defendants-appellees New York State Department of Environmental Conservation, Henry G. Williams and Mario M. Cuomo.

Before FEINBERG, Chief Judge, OAKES, and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This appeal arises from the most recent in a long series of actions that have been brought in state and federal courts by these plaintiffs and others similarly situated, who seek to forestall construction of the proposed 42nd Street Development Project ("the project") in New York City. The facts surrounding the impetus for the project and the complex procedural machinations that have accompanied the planning stages are described in...

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