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North Hempstead, Town of v. N. Hills, Village of

Citation: 10 ELR 20404
No. No. 78 C 520, 482 F. Supp. 900/14 ERC 1460/(E.D.N.Y., 12/06/1979)

The court dismisses for lack of subject matter jurisdiction a complaint filed by a town and private citizens seeking injunctive relief against the grant of a "downzoning" variance which allows construction of clustered housing in a neighboring village. The court finds the challenge to the proposed development to be ripe for adjudication even though construction has not yet begun. The suit must be dismissed, however, because the actions challenged are wholly local or private and are thus not governed by the federal environmental statutes plaintiffs have invoked. Specifically, the defendant local government has no obligation to comply with substantive provisions of § 101 of the National Environmental Policy Act since there has been no federal involvement in the project. Plaintiffs' claims under the Clean Air Act, Safe Drinking Water Act, and Federal Water Pollution Control Act do not allege violations of promulgated discharge or emissions standards and failed to comply with the notice requirement for citizens suits under each statute. The Refuse Act offers plaintiffs no relief in the absence of a claim of obstruction to navigation, and neither the Coastal Zone Management Act nor the Administrative Procedure Act independently confer subject matter jurisdiction. The intervening developers' motion to dismiss is therefore granted.

Counsel for Plaintiffs
Joseph Guarino, Town Attorney
220 Plandome Rd., Manhasset NY 11030
(516) 627-0590

Counsel for Defendants
A. Thomas Levin
Jaspan, Kaplan, Levin & Daniels
200 Garden City Plaza, Garden City NY 11530
(516) 248-1515

John P. Dunne
Molloy, Fletcher, Dunne & Sibell
Molloy Bldg., 22 Bayview Ave., Manhasset NY 11030
(516) 627-6600

Counsel for Defendant-Intervenor Martucci and Roslyn Pines, Inc.
James M. Bergen, Nicholas A. Robinson
Marshall, Bratter, Greene, Allison & Tucker
430 Park Avenue, New York NY 10022

John Francis Woog
100 Garden City Plaza, Garden City NY 11530
(516) 746-4884