ELR Citation: ELR 20016
No(s). 72 Civ. 716 (S.D.N.Y. Aug 8, 1972)

For the earlier opinion of the Court of Appeals for the Second Circuit, see 2 ELR 20216. On remand, a motion for a preliminary injunction against construction of the Metropolitan Correction Center (MCC), a jail, is denied. The court holds that the plaintiffs are unlikely to succeed on the merits of their claim that the quality of the human environment in the area will be so significantly affected that an environmental impact statement is necessary. For the subsequent opinion of the Court of Appeals for the Second Circuit reversing this decision, see 2 ELR 20717.

Counsel for Plaintiffs
Alfred S. Julien
Julien, Glaser, Blaser & Schlesinger
2 Lafayette Street
New York, NY

Counsel for Defendants
Milton Sherman Assistant U.S. Attorney
Whitney North Seymour U.S. Attorney
T. Gorman Reilly Assistant U.S. Attorney
United States Courthouse
Foley Square
New York, NY