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New York v. Department of the Army

Citation: 2 ELR 20507
No. No. 70 Civ. 3397, 3 ERC 1947/(S.D.N.Y., 01/13/1972)

The State of New York seeks by mandamus to compel the Corps of Engineers to comply with NEPA in issuing sewage sludge and dredge spoil dumping permits in the New York Harbor area. The motion is denied, since defendants have complied with § 102(2)(C) by preparing an impact statement, and §§ 102(2)(A) and (B) are not clear commands giving rise to a ministerial obligation. Plaintiff's claims under the New York Harbor Act (33 U.S.C. § 441 et seq.) are denied. The Corp's regulation which requires evaluation of all factors before the issuance of permits for work in navigable waters applies to construction work, not dumping. The dumping regulations do not require that determination be made of the effect on pollution before each permit is issued.

Counsel for Plaintiff
Louis J. Lefkowitz Attorney General
State of New York
80 Centre St.
New York, New York 10013

Counsel for Defendant
United States Attorney, S.D.N.Y.
U.S. Courthouse
Foley Square
New York, New York 10007