ELR Citation: ELR 20496
No(s). 74-8043 (1st Cir. Jun 12, 1974)

The First Circuit Court of Appeals lacks appellate jurisdiction to review a lower court's denial of a temporary restraining order prohibiting three demonstration flights by the Concorde, a supersonic transport (SST), in and out of Boston. The court finds that there is no showing these three subsonic flights will seriously damage the environment, and that given the incomplete nature of the evidentiary record and the lack of compelling circumstances, an exercise of jurisdiction would be unwarranted in this case. The court points out that the connection between these flights and the FAA's consideration of applications for United States certification of the Concorde remains unclear, and repeatedly emphasizes that this decision has no implications whatever for the merits of plaintiffs claim that an EIS must be prepared before the Concorde operates within this country.

Counsel for Plaintiffs
Albert K. Butzel
Berle, Butzel & Kass
425 Park Avenue
New York, NY 10022

Counsel for Defendants
James N. Gabriel U.S. Attorney
William A. Brown Asst. U.S. Attorney
John F. Kennedy Federal Building
Government Center
Boston, MA 02203

Neil L. Lynch
Massachusetts Port Authority
470 Atlantic Avenue
Boston, MA 02110