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Massachusetts Air Pollution & Noise Abatement Comm. v. Brinegar

Citation: 6 ELR 20214
No. No. 74-2090-F, (D. Mass., 10/28/1975) Dismissed as moot

Concluding that this injunctive challenge to flights into the United States of the Concorde SST is now moot, the court dismisses the amended complaint without prejudice. Previously, 4 ELR 20496, the First Circuit upheld this court's refusal to issue a temporary restraining order against Concorde demonstration flights into Boston's Logan Airport. Subsequently, plaintiffs amended the complaint to seek an injunction against all future Concorde flights into any United States airport until a complete environmental impact statement is filed under NEPA. As to flights into Boston's Logan Airport, the action is moot because plaintiffs have demonstrated "no reasonable expectation that the action sought to be enjoined will be repeated in the near future." As to flights into other airports, plaintiffs lack standing since substantially all of them reside in or are organizations whose memberships are concentrated in the Boston area. Dismissal is without prejudice with the understanding that, should future Concorde flights be scheduled into Logan, the case will be reactivated and defendants will be on notice to present a complete NEPA impact statement.

Counsel for Plaintiffs
Albert K. Butzel
Berle, Butzel & Kass
425 Park Ave.
New York NY 10022
(212) 838-2700

Counsel for Defendants
William A. Brown, Asst. U.S. Attorney
U.S. Courthouse
Post Office Square
Boston MA 02109
(617) 223-3258