ELR Citation: ELR 20487
No(s). 73-2842 (2d Cir. May 30, 1974)

The district court's denial of a preliminary injunction to restrain the issuance of construction permits and the granting of zoning variances on Fire Island pending completion of an environmental impact statement is affirmed and the case remanded. Because such municipal action in no sense contravenes federal law, federal injunctive relief is deemed inappropriate. The federal government does not have "go-ahead power" over the zoning decisions of the Seashore municipalities, and there is no basis for federal injunctive relief under either the Fire Island National Seashore Act or NEPA. Since there have been no cooperative efforts between the federal and municipal defendants, such a connection cannot serve as an alternate ground for relief. The court concludes that only remedial congressional legislation can save ". . . this charming and fragile outpost of nature before the encroachments of haphazard development irrevocably despoil it."

Counsel for Plaintiffs
Donald J. Cohn
Webster, Sheffield, Fleischmann, Hitchcock & Brookfield
One Rockefeller Plaza
New York, NY 10020

Counsel for Federal Defendants
Harold J. Friedman Asst. Attorney
U.S. Courthouse
Brooklyn, NY 11201

Counsel for Municipal Defendants
Edward S. Raskin Asst. Town Attorney
Islip, NY 11751

C. Francis Giaccone
518 Hawkins Avenue
Lake Ronkonkoma, NY 11779

J. Steward McLaughlin
Hargrave, Williams, Wellersdieck & McLaughlin
383 East Main Street
Bay Shore, NY 11706