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Ogunquit Village Corp. v. Davis

ELR Citation: 7 ELR 20381
Nos. No. 76-1425, 553 F.2d 243/9 ERC 2160/(1st Cir., 04/20/1977)

The court affirms the trial court's conclusion that equitable relief for a National Environmental Policy Act violation cannot be granted once a Soil Conservation Service project to reconstruct a coastal sand dune has been completed. The environmental impact statement for the project made no mention of using coarse inland sand and gravel rather than the fine while quartz sand native to the dune, and this omission rendered the statement inadequate. The fact that plaintiffs became aware of this only after reconstruction had begun and brought suit after the project was completed makes the framing of relief problematic, however. Emphasizing that defendant's actions were not arbitrary or capricious or taken in bad faith, the court states that it can discern no set of workable principles that would allow any form of relief in this case and yet not open a vast number of completed projects to a flood of belated litigation.

For moving papers, see ELR 65436.

Counsel for Plaintiffs-Appellants
Thomas B. Bracken
Bracken, Selig, Padnos, Baram & MacGregor
22 Mount Vernon St., Boston MA 02108
(617) 742-4950

Counsel for Defendants-Appellees
Jacques B. Gelin, Edmund B. Clark, Gary B. Randall
Department of Justice
Washington DC 20530
(207) 737-8200

Peter Mills, U.S. Attorney
Federal Courthouse
Portland ME 04112
(207) 780-3258

Before Coffin, C.J., Aldrich, and Campbell, JJ.