ELR Citation: ELR 20861
No(s). C-73-1344-SAW (N.D. Cal. Sep 18, 1973)

The court refuses to enjoin the filling of 200 acres of marshland bordering San Francisco Bay with refuse from San Francisco, although no EIS was filed with the 1973 Corps of Engineers permit authorizing the fill program. The filling operation is part of an ongoing project, begun in 1966, to create a park and recreation area, and as such, according to CEQ Guideline 11, requires an EIS only if practicable. The court concludes that since both parties have presented substantial claims of irreparable injury and defendants' statutory duty is ambiguous, it is appropriate to undertake a balancing of the equities. After assessing this balance, the court rules that the danger of the city's having no place to dispose of its refuse outweighs the loss of the land, especially since 50 acres of the marshland must be preserved as a wildlife mitigation area under the terms of the Corps' permit.

Counsel for Plaintiff
J. William Dawson
Peter R. Holmes
530 Oak Grove Avenue
Menlo Park, CA 94025

Counsel for Defendants
Thomas M. O'Connor City Attorney
John S. Kenny Deputy City Attorney
206 City Hall
San Francisco, CA 94102