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N.Y. COASTAL PARTNERSHIP v. U.S. DEPT. INTERIOR

Docket No. 02-6132.

341 F.3d 112 (2003)

NEW YORK COASTAL PARTNERSHIP, INC., Maurice Barbash, John W. Lund, Sandy Associates, Eugene D. Falk, David Ash, Jerome Levy, M.D., Wells Newell, Joyce Segal, the Harbour Club, Modica Associates of New York 122, LLC, Fire Island Ferries, Inc., JMA Industries, Inc., David A. Sloane, Harry Paritsky, White Cap Fish Company, Inc., Leonard Weinstein, Richard Stafford, Pamela Johnson, Sayville Ferries Service, Inc., David Park Ferry Co., Robert Johnson, Dunewood Property Owners' Association, Fair Harbor Fire District & James Grover, Jr., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF THE INTERIOR, Gale Norton, Secretary of Interior, Constantine J. Dillon, Superintendent of the Fire Island National Seashore, United States Army Corps of Engineers, Gregory R. Dahlberg, Acting Secretary of the Army, Robert B. Flowers, Lt. Gen, Chief of Engineers, U.S. Army Corps of Engineers, Randy L. Daniels, Secretary, New York State Department of State & Erin M. Crotty, Commissioner, State of New York, Department of Environmental Conservation, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2002.

Decided: August 18, 2003.

Attorney(s) appearing for the Case

LEON FRIEDMAN, The Law Office of Leon Friedman, Esq., New York, N.Y. David T. Goldberg, Lawrence R. Liebesman, Holland & Knight, and Irving Like, Reilly, Like, Tenety & Ambrosino, on the brief) for Plaintiffs-Appellants.

JANICE TAYLOR, Assistant Attorney General, New York State Attorney General's Office, New York, N.Y. (Eliot Spitzer, Attorney General of the State of New York, Deon Nossel, Assistant Solicitor General, and Norman Spiegel, Assistant Attorney General, on the brief) for Defendants-Appellees Randy L. Daniels and Erin M. Crotty.

PAUL KAUFMAN, Assistant U.S. Attorney, U.S. Attorney's Office for the Eastern District of New York, Brooklyn, N.Y. (Roslynn R. Mauskopf, U.S. Attorney, and Deborah B. Zwany, Assistant U.S. Attorney, on the brief) for Defendants-Appellees United States Department of Interior, Gale Norton, Constantine J. Dillon, United States Army Corps of Engineers, Gregory R. Dahlberg, and Robert B. Flowers.

Before: NEWMAN, POOLER, KATZMANN, Circuit Judges.

POOLER, Circuit Judge.

Plaintiffs-appellants appeal from the April 22, 2002 judgment of the United States District Court for the Eastern District of New York (Jacob Mishler, District Judge) granting defendants-appellees' motion to dismiss the second amended complaint. We affirm on the basis that plaintiffs-appellants do not have standing to bring this suit.

BACKGROUND

Fire Island is located off the coast of Long Island, New York. The island...

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