This chapter considers the aftermath of the trial examined in previous chapters by analyzing some legal close calls on Westway's side. Because the Army Corps had granted the Westway permit and the federal natural resource agencies had not played their objections up the executive branch hierarchy, the opponents still faced an uphill battle. Moreover, the norms of judicial deference were complicated here by numerous environmentally protective statutory and regulatory provisions that required worst-case assumptions, permit denials when faced with uncertainty, and prohibitions against avoidable or harmful fill in rivers like the Hudson. The chapter shows how the courts and the lawyers worked to sort out these issues.
Keywords: judicial deference, Army Corps of Engineers, Westway's supporters, Westway's opponents, environmentally protective statutory provisions, environmentally protective regulatory provisions, permit denials, prohibitions
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