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Natural Resources Defense Council v. Marsh

ELR Citation: 18 ELR 20489
Nos. No. 86-6272, 836 F.2d 87/(2d Cir., 12/24/1987) Subsequent district court decision aff'd

The court holds that the Secretary of the Army had authority under the Gateway National Recreation Act to transfer to the Navy, rather than to the Department of the Interior (Interior), certain land located within the boundaries of the Gateway National Recreation Area in and around New York Harbor. The court holds that the Department of Defense (DOD) was required to transfer only those lands that were in excess of its needs and that those needs could include those of another department within DOD. Although the Act allows the Army to transfer its land to Interior, it does not require transfer nor does it impose any time limits on DOD's intervening use. When Congress wished to be clear in its desire for DOD to transfer land it was no longer using to Interior, it could do so, as it did in the Golden Gate National Recreation Area Act passed two days before the Gateway Act.

[A district court decision from this litigation is published at 14 ELR 20035.]

Counsel for Plaintiffs-Appellants
James Thornton
Natural Resources Defense Council, Inc.
122 E. 42nd St., New York NY 10168
(212) 949-0049

Counsel for Defendants-Appellees
Robin L. Greenwald, Ass't U.S. Attorney
U.S. Courthouse, 225 Cadman Plaza East, Brooklyn NY 11201
(718) 330-7106

Before Kearse and Mahoney, JJ.