ELR Citation: ELR 20377
No(s). 71-C-718 (E.D.N.Y. Jul 3, 1971)

Small harbor running parallel to Long Island Sound and connected to Sound by 300-foot inlet, which was once used by light commercial traffic and now exclusively by pleasure craft is a navigable waterway for purposes of 33 U.S.C. §403 and federal government is entitled to injunction against town to halt sinking of piles in preparation for construction of floating piers without required permit from Corps of Engineers. Township cannot assume that permit must issue simply because of earlier grant in 1967 in view of fact that passage of NEPA imposes additional duties upon corps to weigh environmental factors of decision.

Counsel for U.S.:
Bruce F. Smith, Assistant U.S. Attorney
225 Cadman Plaza East
Brooklyn, NY 11201
(212) 596-5700

Counsel for Town of Brookhaven:
Oscar J. Bloom
Archibald and Bloom
Mt. Sinai, NY 11766
(516) 473-1751