ELR Citation: ELR 21350
No(s). 89-6039 (2d Cir. Aug 14, 1989)

The court holds that the dumping of dredged materials at a site designated by the Corps of Engineers in Long Island Sound should not be enjoined pending Corps preparation of an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). The court first holds that the NEPA violation of failing to prepare an adequate EIS for the dumping does not justify injunctive relief absent a showing of actual or threatened irreparable injury to the physical, chemical, and biological balance at the site. The court holds that on remand, the district court must hold an evidentiary hearing to consider the Corps' contentions that the dumping will not harm the environment and that an injunction will injure certain interests. The district court must consider whether plaintiff has shown irreparable injury and must balance all the equities and interests.

[A related opinion is published at 19 ELR 20192.]

Counsel for Plaintiffs-Appellees
Joseph D. Pizzurro
Curtis, Mallet-Prevost, Colt & Mosle
101 Park Ave., New York NY 10178
(212) 696-6000

Counsel for Defendants-Appellants
Robin L. Greenwald, Ass't U.S. Attorney
U.S. Courthouse, 255 Cadman Plaza East, Brooklyn NY 11201
(212) 330-7106

Mahoney (before Meskill and Pierce, JJ.):