ELR Citation: ELR 21182
No(s). s. 88 Civ. 1805 (MEL), 91 Civ. 0758 (MEL) (S.D.N.Y. Mar 28, 1991)

The court enjoins the Postal Service from constructing a new mail facility to serve Westchester and Putnam counties in New York pending completion of an environmental impact statement (EIS). The court first holds that the Postal Service's promulgation of a finding of no significant impact on the environment from the proposed construction was arbitrary and capricious. The court finds that the Postal Service's environmental assessment (EA) failed to consider the proposed facility's cumulative impact on anticipated development and water quality in the region, failed to consider the cumulative impact with existing activity beyond the site's immediate neighbors, relied on traffic mitigation measures that lack state approval and may never be achieved, and failed to weigh the probable results of any inadequacies of its mitigation measures. The necessity of such mitigation measures inevitably suggests that, without them, the facility would have a significant environmental impact, making the EA inadequate for failing to consider the consequences of possible non-implementation or inadequacy of its mitigation measures. The court also holds that the local governments seeking to enjoin construction of the facility have satisfied the tests for a preliminary injunction. They have also shown a real danger of irreparable harm absent an injunction, since construction is likely to begin promptly if injunctive relief is not granted. They have established a likelihood of success on the merits, since they have raised serious questions by identifying the EA's numerous inadequacies. Finally, they have shown that the balance of hardships tips in their favor, since the injury to eight million or more people that might occur as a result of a failure to prepare an EIS clearly outweighs improvement in mail delivery to Westchester citizens.

[A previous decision in this litigation is published at 20 ELR 21288.]

Counsel for Plaintiff
Diana J. Hassel, Paul K. Milmed, Ass't U.S. Attorneys
One St. Andrews Plaza, New York NY 10007
(212) 791-0008

Counsel for Defendant
John Dillon, Susan B. Owens, Ass't County Attorneys
Westchester County Attorney's Office
600 Michaelian Office Bldg., 148 Martine Ave., White Plains NY 10601
(914) 285-2660
Robert F. Wise Jr.
Davis, Polk & Wardwell
One Chase Manhattan Plaza, New York NY 10005
(212) 530-4000