Berkson v. Morton

Civil No. 71-108513 (D. Md. 1971)

Park Service must comply with NEPA, the National Historic Preservation Act of 1966, and the Rivers and Harbors Act of 1899 in continuing construction in the C & O Canal National Park and in construction affecting the nearby Potomac River.

Counsel for Plaintiffs
Oscar S. Gray
1225 19th Street, N.W.
Washington, D.C. 20036

Counsel for Defendants
Leonard M. Linton, Jr. Assistant U.S. Attorney
U.S. Courthouse
Baltimore, Maryland 21202

[2 ELR 20659]

Blair, J.:

TEMPORARY RESTRAINING ORDER

It is this 1st day of October, 1971 ordered by the United States District Court for the District of Maryland that the Defendants, and each of them, and all persons acting under their authority, be restrained from constructing or causing or permitting the construction of any works or undertakings or other projects in the C & O Canal National Historic Park or which may affect said Park or the Potomac River in the environs of said Park, without complying with the requirements of Section 102 of the National Environmental Policy Act of 1969, 42 U.S.C. § 4332 (Supp. V, 1970), Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. § 470f, and the Rivers and Harbors Act of 1899, 33 U.S.C. § 401, including compliance therewith with respect to projects which have already been constructed or undertaken in violation of the requirements of said statutes.