CLEAN OCEAN ACTION, a New Jersey non-profit corporation; the American Littoral Society, a New Jersey non-profit corporation; the Fishermen's Dock Co-operative, Inc., a New Jersey corporation; the United Fishermen's Association, a New York non-profit corporation; the Confederation of the Association of the Atlantic Charterboats and Captains, Inc., a New York corporation
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; Environmental Protection Agency, an agency of the United States; Port Authority of New York and New Jersey, a bi-state governmental agency; William J. Muszynski, in his capacity as Acting Regional Administrator of the United States; New York Shipping Association, Inc.; Carriers Container Council, Inc.; International Longshoremen's Association, AFL-CIO,
Clean Ocean Action, The American Littoral Society, The Fishermen's Dock Cooperative, The United Fishermen's Association, and The Confederation of the Association of the Atlantic Charterboats and Captains, Inc., Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued May 4, 1995.
Decided June 12, 1995.
Attorney(s) appearing for the Case
Gordon N. Litwin (argued), Ansell, Zaro, Bennett & Grimm, Newark, NJ, for appellants, Clean Ocean Action, The American Littoral Soc., The Fishermen's Dock Co-op., Inc., The United Fishermen's Ass'n., The Confederation of the Ass'n of the Atlantic Charterboats and Captains, Coastal Advocates, The Pacific Coast Federation of Fishermen Association, The Coast Alliance, Cape Arago Audubon Soc., Manasota 88, The St. Simons Island Save the Beach Ass'n, Inc., and The Jersey Coast Anglers Ass'n.
Albert M. Ferlo, Jr. (argued), U.S. Dept. of Justice Environment & Natural Resources Div., Washington, DC, for appellees, Colonel Thomas A. York, General Stanley T. Genega, Army Corps of Engineers, Carol M. Browner, William J. Muszynski and U.S. E.P.A.
Hugh H. Welsh, Michael D. Driscoll (argued), Port Authority of New York & New Jersey, Newark, NJ, for appellee, Port Authority of New York and New Jersey.
C. Peter Lambos, Donato Caruso (argued), Lambos & Giardino, New York City, for appellees, New York Shipping Ass'n, Inc. and Carriers Container Council, Inc.
Thomas W. Gleason, Ernest L. Mathews, Jr., Gleason & Mathews, New York City, for appellee, Intern. Longshoremen's Ass'n, AFL-CIO.
Louis Pechman, Lambos & Giardino, Newark, NJ, for appellees, New York Shipping Ass'n, Inc. and Carriers Container Council, Inc.
Mark H. Rochkind, Hausman & Sunberg, Caldwell, NJ, for appellee, Intern. Longshoremen's Ass'n, AFL-CIO.
Lois J. Schiffer, Asst. Atty. Gen., Dept. of Justice, Environment and Natural Resources Div., David M. Gravallese, E.P.A., Washington, DC, Phyllis Feinmark, Office of Regional Counsel, E.P.A. Region II, James G. Palmer, U.S. Army Corps of Engineers, New York Dist., Office of the Gen. Counsel, New York City, Faith S. Hochberg, U.S. Atty., Susan Handler-Menahem, Asst. U.S. Atty., Newark, NJ, Mary Elizabeth Ward, David L. Shilton, Albert M. Ferlo, Jr., Environment and Natural Resources Div., Dept. of Justice, Washington, DC, for Federal appellees.
Before: SLOVITER, Chief Judge, ALITO, Circuit Judge, and SCHWARZER, Senior District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SCHWARZER, Senior District Judge.
Appellants, a group of conservation, fishing, boating, civic, realty and educational groups, brought this action against the Army Corps of Engineers (Corps), the Environmental Protection Agency (EPA), the Port Authority of New York and New Jersey (Port Authority) and various federal officials, for declaratory and injunctive relief to stop the ocean dumping of materials dredged from the Port Authority...
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