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Natural Resources Defense Council v. New York, City of

Citation: 12 ELR 20451
No. No. 82-6026, 672 F.2d 292/(2d Cir., 02/26/1982) Denial of preliminary injunction aff'd<D>

The Second Circuit affirms two orders of the district court, 12 ELR 20182, 20446, denying appellants' motions for a preliminary injunction against the demolition of two historic theaters in New York City. The designation of one of the disputed theaters as eligible for listing on the National Register of Historic Places did not require the preparation of a supplement to the environmental impact statement for the project; this change in the circumstances was not sufficiently significant under Council on Environmental Quality regulations to necessitate supplementation. The court also affirms the district court's findings that (1) the mayor did not unlawfully proceed with the project without Board of Estimate approval, (2) a delay in the demolition was not called for because of an alleged delay in the plans for constructing the new building planned for the site, and (3) the city was not required to ask the Secretary of the Interior to determine whether the entire district in which the theaters were located was eligible for listing on the National Register. Finally, the court upholds the ruling below that the Advisory Council on Historic Preservation's approval of the demolition was not unlawfully influenced because of ex parte contacts with White House and other governmental officials.

[Earlier decisions in this litigation are reported at 12 ELR 20182, 20446, and 20449 — Ed.]

Counsel are listed at 12 ELR 20182.

Before Waterman, Van Graafeiland, and Meskill, JJ.