HUDSON RIVER SLOOP CLEARWATER, INC. v. DEPT. OF NAVY

No. 1682, Docket 87-6185.

836 F.2d 760 (1988)

HUDSON RIVER SLOOP CLEARWATER, INC., the Sierra Club, Inc., Friends of the Earth, Inc., American Littoral Society, Inc., Physicians for Social Responsibility/NYC, Inc., New York Public Interest Research Group, Inc., Miriam Friedlander, Member of the New York City Council, Ruth W. Messinger, Member of the New York City Council, Carol Greitzer, Member of the New York City Council, Julia Harrison, Member of the New York City Council, Arthur Katzman, Member of the New York City Council, Carolyn B. Maloney, Member of the New York City Council, Stanley E. Michels, Member of the New York City Council, Dr. E. Thomas Henkel, Robert McAndrew and John Warlock, Plaintiffs-Appellants, v. DEPARTMENT OF the NAVY, John F. Lehman, Jr., as Secretary of the Department of the Navy, Everette Pyatt, as Assistant Secretary of the Department of the Navy, Admiral Carlisle A.H. Trost, as Chief of Naval Operations, Department of Defense, Casper W. Weinberger, as Secretary of the Department of Defense and Chapman B. Cox, as Assistant Secretary of the Department of Defense, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 8, 1988.


Attorney(s) appearing for the Case

Leonard M. Marks, New York City (Gold, Farrell & Marks, New York City, Allan R. Friedman, Thomas R. McCaffrey, Vicki F. Van Fleet, of counsel), for plaintiffs-appellants.

Robin L. Greenwald, Brooklyn, N.Y., Asst. U.S. Atty. for the Eastern District of New York (Andrew J. Maloney, U.S. Atty. for the Eastern District of New York, Peter R. Ginsberg, Asst. U.S. Atty., New York City, of counsel), for defendants-appellees.

Before WINTER and MAHONEY, Circuit Judges, and RE, Chief Judge, Court of International Trade.


PER CURIAM:

Plaintiffs-appellants, Hudson River Sloop Clearwater, Inc., et al. (collectively "Hudson"), bring this expedited appeal from an order of the United States District Court for the Eastern District of New York, Charles P. Sifton, Judge, entered July 16, 1987 which denied their motion for a preliminary injunction prohibiting dredging and pier construction by the United States Navy (the "Navy") with respect to the proposed Staten Island homeport for the U.S...

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