ELR Citation: ELR 20332
No(s). 70 C 1565 (E.D.N.Y. Jan 27, 1971)

The provisions of the Urban Mass Transportation Assistance Act of 1970 are designed to protect public parks, wildlife refuges, and historical and cultural assets from needless destruction and are not applicable to a federal grant project to improve the electrification system of the Long Island Railroad. The project was under construction prior to the date on which the statute took effect (Oct. 15, 1970). The provision of the Demonstration Cities and Metropolitan Development Act of 1966, which requires coordination of all federal aid programs in metropolitan areas, by its terms does not apply to grant applications made prior to June 30, 1967. The application by the Metropolitan Transportation Authority was made Jan. 27, 1967. Plaintiff, an owner of land near the questioned project, has not demonstrated an interest in law or fact sufficient to require notice and a hearing before construction may begin.

Counsel for Plaintiff:
Mark X. Lynch
1010 Park Boulevard
Massapequa Park, NY 11762
(516) 541-1060

Counsel for Federal Defendants:
Edward R. Neaher U.S. Attorney
225 Cadman Plaza East
Brooklyn, NY 11201
(212) 596-5700

Counsel for Metropolitan Transportation Authority:
John R. Hupper
Cravath, Swaine & Moore
1 Chase Manhattan Plaza
New York, NY 10005
(212) 422-3000