ELR Citation: ELR 20687
No(s). 74 Civ. 159 (S.D.N.Y. Jul 3, 1974)

The court grants summary judgment to plaintiffs, invalidating a fill permit issued by the Corps of Engineers to a private landowner and ordering a public hearing on the permit application. The landowner planned to deposit rock fill in the shallows of the Hudson River, a spawning and nursery ground for fish, in order to extend the land available for construction of a home. In an earlier opinion, the court issued a preliminary injunction against depositing fill in the river on the basis of plaintiffs' allegations that the Corps (1) violated NEPA by failing to prepare an environmental impact statement; (2) violated §404 of the Federal Water Pollution Control Act Amendments of 1972 and Corps Regulations which both require a public hearing on the permit application; and (3) failed to develop a reviewable environmental record. Summary judgment is granted on the ground that the Corps violated its own regulations, and the court, having concluded that the permit is therefore invalid, finds it unnecessary to rule on plaintiffs' other contentions.

Counsel for Plaintiffs
David Sive
Daniel Riesel
Mark Chertok
Winer, Neuburger & Sive
425 Park Avenue
New York, NY 10022

Counsel for Defendants
Aaron G. Windheim
145 Main Street
Nyack, NY 10960

Paul J. Curran U.S. Attorney
Joseph P. Marro Asst. U.S. Attorney
U.S. Courthouse
Foley Square
New York, NY 10007