ELR Citation: ELR 20186
No(s). B-582 (D. Conn. Oct 26, 1973)

An injunction prohibiting the dredging of New Haven harbor and the dumping of spoil into Long Island Sound until the requirements of NEPA have been met is dissolved since defendants have filed an adequate environmental impact statement. Plaintiff is not entitled to have the injunction modified so as to require the defendants to abide by assurances in the EIS concerning execution and monitoring of the project, in the absence of any indication that defendants are threatening to renege on these commitments. The court notes that efforts to prevent the plaintiff from ascertaining whether these commitments are being carried out might also constitute grounds for further injunctive relief, but finds evidence neither of threatened violation nor of efforts at obfuscation, and denies plaintiff's motion to modify the injunction. For the court's earlier opinions preliminarily enjoining the dredging project and making the injunction permanent, see 2 ELR 20694 and 3 ELR 20321.

Counsel for Plaintiff
Haynes N. Johnson
Bryan, Parmelee, Johnson & Bollinger
460 Summer Street
Stamford, CT 06901

Counsel for Defendants
Howard S. Eckenrode Asst. U.S. Attorney
Federal Office Building
450 Main Street
Hartford, CT 06103