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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. U.S. ARMY CORPS OF ENGINEERS

No. 05 Civ. 762(SAS).

399 F.Supp.2d 386 (2005)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; Raritan Baykeeper, Inc.; Andrew Winner; and Greenfaith, Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS; and Col. Richard Polo, Jr., in his official capacity as Commander and District Engineer, United States Army Corps of Engineers, New York District, Defendants.

United States District Court, S.D. New York.

August 5, 2005.

Attorney(s) appearing for the Case

Mitchell Bernard, Lawrence Levine, Natural Resources Defense Council, New York City, for Plaintiffs.

Ramon Reyes, Assistant United States Attorney, Southern District of New York, New York City, for the Government Defendants.

Daniel McInerney, Hill Rivkin & Hayden LLP, New York City, for Intervenor Donjon Marine, Inc.

Martin Domb, Hill, Betts & Nash, LLP, New York City, for Intervenor New York Container Terminal, Inc.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

Plaintiffs are a group of environmental organizations and concerned citizens. They are challenging an ongoing project, to be carried out by the Army Corps of Engineers ("Army Corps"), to deepen shipping channels in the New York-New Jersey Harbor through dredging and blasting of the Harbor floor. The Harbor Deepening Project ("HDP") is intended to open the Harbor to...

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