This chapter recounts the beginnings of another trial resulting from the EPA's failure to exercise its Section 404(c) veto power as well as a Final Supplemental Environmental Impact Statement (SEIS) Draft which minimized Westway's harm on the striped bass. Despite the abundant data showing substantial usage of the proposed Westway site by young striped bass, often the highest percentages of all tested sites, the Final SEIS and permit decision dismissed such risks. In addition, adding pressure for both opponents and New York government leaders, any possible trade-in for Westway had to be completed by a statutory deadline of September 30, 1985. The courts and the United States Congress were therefore at that point the opponents' focus, as was the lack of explanation for the many Draft-to-Final SEIS changes regarding the impact on striped bass.
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