CLEAN OCEAN ACTION v. YORK

Civ. A. No. 93-2402.

861 F.Supp. 1203 (1994)

CLEAN OCEAN ACTION, a New Jersey non-profit corporation; the American Littoral Society, a New Jersey non-profit corporation, Fisherman's Dock Cooperative, Inc., a New Jersey corporation, and United Fisherman's Association, a New York non-profit corporation, the Confederation of the Association of Atlantic Charter-Boats and Captains, Inc., a New York corporation, Plaintiffs v. Colonel Thomas A. YORK, in his capacity as District Engineer of the United States Army Corps of Engineers; General Stanley T. Genega, in his capacity as Director of Civil Works of Army Corps of Engineers, Army Corps of Engineers, an agency of the United States; Carol M. Browner, in her capacity as Administrator of the United States Environmental Protection Agency; William J. Muszynski, in his capacity as Acting Regional Administrator of the United States Environmental Protection Agency; Environmental Protection Agency, an agency of the United States; the Port Authority of New York and New Jersey, a bi-state governmental agency, Defendants.

United States District Court, D. New Jersey.

June 24, 1994.


Attorney(s) appearing for the Case

Gordon N. Litwin, Ansell Zaro Bennett & Grimm, P.C., Newark, NJ, for plaintiffs.

Faith S. Hochberg, U.S. Atty. by Susan Handler-Menahem, Asst. U.S. Atty., Newark, NJ, Charles E. Hoffmann, U.S. E.P.A.; Region II, James G. Palmer, Asst. Dist. Counsel, U.S. Army Corps of Engineers, New York Dist., Office of Counsel, New York City, and Hugh H. Welsh, Deputy Gen. Counsel, the Port Authority of New York and New Jersey, Newark, NJ, for defendants.


OPINION

DEBEVOISE, District Judge.

A. Procedural Background

Plaintiffs in this action are several environmental organizations and organizations representing fishing and boating interests. Defendants are the Army Corps of Engineers (the "Corps") and two of its officers, the United States Environmental Protection Agency ("EPA") and two of its officers, and the Port Authority of New York and New Jersey (the "Port Authority"). Plaintiffs...

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