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Boston v. Brinegar

Citation: 5 ELR 20241
No. No. 74-1255, 512 F.2d 319/(1st Cir., 03/05/1975)

The court dismisses as moot plaintiffs' appeal from a lower court's denial of preliminary injunctive relief against further construction of a runway project at Logan International Airport in Boston pending preparation of a NEPA impact statement. An EIS for the project has recently been prepared and issued by the United States Department of Transportation, and further construction has, in any event, been enjoined by a state court pending preparation of an environmental impact report in compliance with the Massachusetts Environmental Protection Act. The court also notes that DOT has published a status quo regulation limiting the actions an applicant for federal funds can take prior to completion of the final EIS and approval of the funding application. For the state Supreme Judicial Court's opinion affirming the injunction pending compliance with the state statute, see 5 ELR 20200.

Counsel for Plaintiffs
Peter Koff Asst. Corp. Counsel
City of Boston Law Dept.
One City Hall Square
Boston, Mass. 02201

Daniel D. Sullivan
Boston Legal Assistance Project
264 Meridian Street
East Boston, Mass. 02128

Counsel for Defendants
Edmund B. Clark
John J. Zimmerman
Department of Justice
Washington, D.C. 20530

James N. Gabriel U.S. Attorney
Raymond V. Picard Asst. U.S. Attorney
U.S. Courthouse
Post Office Square
Boston, Mass. 02109

John Silas Hopkins III
Paul B. Galvani
William F. McCarthy
John H. Mason
Ropes & Gray
225 Franklin Street
Boston, Mass. 02110

Neil L. Lynch
Massachusetts Port Authority
99 High Street
Boston, Mass. 02110