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Sierra Club v. Corps of Eng'rs

Citation: 10 ELR 20261
No. No. 79 Civ. 3363, 481 F. Supp. 397/17 ERC 1246/(S.D.N.Y., 11/08/1979)

The district court dismisses a suit challenging the adequacy of an environmental impact statement (EIS) prepared by the Corps of Engineers prior to issuing a landfill permit in connection with the construction of the Westway project in New York City. Although the Corps had made a final determination that it will not modify the EIS in response to plaintiffs' allegations of its deficiencies, the agency has yet to decide whether to issue the permit itself. The court rules that until this decision has been made there has been no "final action" reviewable under the Administrative Procedure Act. Accordingly, the adequacy of the EIS is not ripe for review.

Counsel for Plaintiffs
Albert K. Butzel
Berle, Butzel, Kass & Case
4500 Rockefeller Plaza, New York NY 10020
(212) 765-1800

Counsel for Defendants
Robert B. Fiske, U.S. Attorney; Jane E. Bloom, Ass't U.S. Attorney
One St. Andrews Plaza, New York NY 10007
(212) 791-0055