7 ELR 20050 | Environmental Law Reporter | copyright © 1977 | All rights reserved


City of Boston v. Coleman

Nos. 75-1418 and -1419 (1st Cir. December 22, 1975)

In a suit to enjoin the Federal Aviation Administration (FAA) from approving the 1974 Logan Airport Layout Plan, the First Circuit remands the matter for a determination of mootness.

Counsel for Plaintiffs
Peter Koff, Asst. Corporation Counsel
City of Boston Law Department
One City Hall Square
Boston MA 02201
(617) 725-4027

Robert L. Weiss, Jr.
Boston Legal Assistance Project
East Boston MA 02128
(617) 569-1661

Counsel for Defendants
Edmund B. Clark
Department of Justice
Washington DC 20530
(202) 737-8200

William Hughes, Asst. U.S. Attorney
1107 John W. McCormack Building
Boston MA 02109
(617) 223-3258

John Silas Hopkins, III
Ropes & Gray
225 Franklin St.
Boston MA 02110
(617) 423-6100

John D. O'Reilly, III
Letoile, Murphy & O'Reilly
1300A Worcester Rd.
Framingham MA 01701
(617) 875-1220

Coffin, C.J., McEntee & Campbell, JJ.

[7 ELR 20050]

Per curiam:

We dismiss the appeals and remand the cases to the district court for proceedings consistent with this opinion. This is a suit to enjoin the FAA from approving the 1974 Airport Layout Plan of Logan Airport. Since the FAA has returned this plan to the Massachusetts Port Authority and since the Port Authority is no longer seeking to have this plan approved, it appears that there is no longer an actual controversy between the parties. The case does not seem to involve voluntary cessation of wrongful conduct or a short term order capable of repetition yet evading review. It therefore appears to us to be moot. However, we are not entirely free from doubt. Since the issue turns largely on facts that probably are not in the record, we remand the case to the district court for a determination whether a cognizable case or controversy presently exists. If the district court agrees that the case is moot, the judgments should be vacated and this aspect of the case should be dismissed.

Dismissed and remanded. No costs. Mandate is to issue on December 31, 1975.


7 ELR 20050 | Environmental Law Reporter | copyright © 1977 | All rights reserved