Sierra Club v. Adams

No. 78-6110 (2d Cir. August 18, 1978)

ELR Digest

The Second Circuit Court of Appeals affirms a district court decision vacating an injunction against completion of improvements to State Route 73 in New York. After the trial court initially found the administrative record inadequate to support respondent federal and state highway agencies' claim that an environmental impact statement (EIS) addressing the project was not required under the National Environmental Policy Act, it reversed that ruling on the basis of the "Redetermination and Reassessment" submitted subsequently by respondents and went on to uphold the decision not to prepare an EIS. The appellate court, finding nothing in the record to indicate that the district court abused its discretion, affirms.

The full text of this opinion is available from ELR (3 pp. $ .75, ELR Doc. No. C-1170).

Counsel for Appellant
Richard J. Lippes
Moriarity, Allen, Lippes & Hoffman
1260 Delaware St., Buffalo NY 14209
(716) 884-4700

Counsel for Respondent Secretary of Transportation
Arthur A. Chalenski, Ass't United States Attorney
P.O. Box 1258, Federal Bldg., Syracuse NY 13201
(315) 423-5165

Counsel for Respondent Commissioner of New York Dep't of Transportation
Robert Mulig, Ass't Attorney General
Dep't of Law, State Capitol, Albany NY 12224
(518) 474-7330

Van Grafeiland, Dooling, and Coffin, JJ.

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]