STOW v. U.S. ON BEHALF OF SOIL CONSERVATION SERV.

No. Civ. 88-697L.

696 F.Supp. 857 (1988)

David STOW and Joyce Stow, Barbara Ottey and Charles Ottey, Plaintiffs, v. UNITED STATES of America, on Behalf of the SOIL CONSERVATION SERVICE OF the UNITED STATES DEPARTMENT OF AGRICULTURE, the United States Army Corps of Engineers, and the Federal Highway Administration of the United States Department of Transportation, and the County of Chemung, Defendants, and New York State Department of Transportation, Defendant-Intervenor.

United States District Court. W.D. New York.

October 6, 1988.


Attorney(s) appearing for the Case

John F. Vorrasi, Rochester, N.Y., for plaintiffs.

Frederick C. Emery, Jr., Asst. U.S. Atty., Rochester, N.Y., John F. O'Mara, Elmira, N.Y., Francis J. Keehan, Asst. Atty. Gen., N.Y. State Dept. of Law, Albany, N.Y., for defendants.


DECISION AND ORDER

LARIMER, District Judge.

Mark Twain commented that: "In all matters of opinion our adversaries are insane." Mark Twain at Your Fingertips, (Caroline T. Harnsberger ed.).

This action involves alleged violations of, inter alia, the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., by federal agencies who approved the construction of an earthen dam and the relocation of a state highway in...

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