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Fighting WestwayEnvironmental Law, Citizen Activism, and the Regulatory War That Transformed New York City$
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William W. Buzbee

Print publication date: 2014

Print ISBN-13: 9780801451904

Published to Cornell Scholarship Online: August 2016

DOI: 10.7591/cornell/9780801451904.001.0001

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(p.154) 11 The Trial Crucible

(p.154) 11 The Trial Crucible

Chapter:
(p.154) 11 The Trial Crucible
Source:
Fighting Westway
Author(s):

William W. Buzbee

Publisher:
Cornell University Press
DOI:10.7591/cornell/9780801451904.003.0012

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.

Keywords:   SEIS, trade-in, striped bass impacts, Final SEIS, EPA, Westway site, courts, United States Congress, Section 404

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