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TOWN OF HUNTINGTON v. MARSH

No. 1383, Docket 88-6095.

859 F.2d 1134 (1988)

The TOWN OF HUNTINGTON, The County of Suffolk, The County of Nassau, The Town of North Hempstead, The Town of Oyster Bay, and Robert J. Mrazek, Plaintiffs-Appellees, v. John O. MARSH, Jr., Secretary of the U.S. Army, Lt. Gen. Joseph K. Bratton, Chief of the Corps of Engineers, Colonel C.E. Edgar III, District Engineer, Army Corps of Engineers, New England Division, and Department of the Army Corps of Engineers of the United States of America, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 19, 1988.

Attorney(s) appearing for the Case

Robin L. Greenwald, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Robert L. Begleiter, Asst. U.S. Atty., of counsel), for defendants-appellants.

Joseph D. Pizzurro, New York City (John P. Campbell, Peter K. Vigeland, Peter Sullivan, Curtis, Mallet-Prevost, Colt & Mosle, New York City, Arlene Lindsay, Daniel Martin, Town Attys., Huntington, N.Y., of counsel), for plaintiffs-appellees.

Before ALTIMARI and MAHONEY, Circuit Judges, and CEDARBAUM, District Judge.

ALTIMARI, Circuit Judge:

The Long Island Sound (the "Sound") is host to a myriad of recreational and industrial uses, including swimming, boating and fishing. Recreational users, commercial fisheries and environmentalists share a sometimes uneasy co-existence with use of the Sound as a waste dumping ground. Marinas and harbors which line the Sound must be dredged periodically to provide safe berthing for pleasure craft, commercial fishing boats, and military ships...

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