ELR Citation: ELR 20378
No(s). 70 Civ. 2773 (S.D.N.Y. Jul 29, 1971)

Preliminary injunction granted to halt further filling by the New York National Guard and to remove all present filling of wetland marsh adjoining military camp. The federal court has jurisdiction because the tidal marsh is within the navigable waters of the United States under the Rivers and Harbors Act of 1899, 33 U.S.C. §403. The values of the area in its original wetlands condition are the ecological values, which were intended to be protected by the Rivers and Harbors Act and other more recent legislation, the economic values, because the wetlands help cleanse the ecological system of the river itself, the wildlife values, including spawning fish, nesting birds and unique plant life, and the educational values. The public is being irreparably harmed by the continuation of the fill in the marsh.

Counsel for Plaintiffs;
Whitney North Seymour Jr., United States Attorney
Ross Sandler, Assistant United States Attorney
United States Courthouse
Foley Sq.
New York, NY 10007
(212) 264-6535

Counsel for Defendants:
Louis J. Lefkowitz Attorney General
Thomas Harrison Assistant Attorney General
80 Centre St.
New York, NY 10013
(212) 488-4141