Sierra Club v. U.S. Army Corps of Engineers
United States Court of Appeals for the Second Circuit
701 F.2d 1011 (1983)
The Sierra Club, an environmental interest group, and several businesses (plaintiffs) filed suit in federal court against the U.S. Army Corps of Engineers (Corps), the Federal Highway Administration (FHWA), and others (defendants), to halt construction of “Westway,” a super-highway running along the Hudson River in Manhattan, New York. Prior to issuing the required permits, the Corps prepared a Draft Environmental Impact Statement (DEIS) pursuant to the National Environmental Policy Act (NEPA), that recommended the highway be built atop landfill discharged into the River. A Final Environmental Impact Statement (FEIS) noted the area to be filled in was a “biological wasteland.” The Environmental Protection Agency, National Marine Fisheries Service, and the U.S. Fish & Wildlife Service objected to the EIS and recommended against issuance of any permits because the Corps had relied on outdated data to reach the conclusion that there would be no adverse impact to fish habitats in the River. The three agencies argued that a newer study showed rich populations of fish existed in area. Nevertheless, the Corps refused to prepare a supplemental EIS using the new data. The district court enjoined construction of the highway until a supplemental EIS could be prepared. Defendants appealed.
Rule of Law
Holding and Reasoning (Kearse, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.