ELR Citation: ELR 20831
No(s). 1973-576 (W.D.N.Y. May 20, 1974)

The court grants a preliminary injunction against further construction of a highway bridge over Lake Chautauqua because of defendants' failure to prepare a NEPA impact statement for the project. The court finds that plaintiffs are likely to succeed on the merits of their NEPA claims since Plans, Specifications and Estimates approval for the bridge project did not occur until after NEPA became effective, and that continued construction will irreparably harm plaintiffs by altering the environment of the lake. The court also rules that plaintiffs' suit is not barred by laches since PS&E approval for the bridge was the date the NEPA cause of action accrued, and the six-and-a-half month lapse between that date and the time suit was brought was not unreasonable.

Counsel for Plaintiffs
Richard J. Lippes
Western Building
15 Court Street
Buffalo, NY 14202

Counsel for Defendants
John T. Elfvin
U.S. Attorney
C. Donald O'Connor Asst. U.S. Attorney
U.S. Courthouse
64 Court Street
Buffalo, NY 14202

Louis J. Lefkowitz Attorney General
Douglas S. Dales Jr.
State Capitol
Albany, NY 12224