This chapter focuses on another prominent issue in Westway's legal battles—water issues, primarily in relation to the Hudson River. The water battles consisted of concerns over aquatic habitat destruction and substantial threats to fishery, as the opposition questioned claims that Westway's aquatic impacts on the Hudson would be benign. Westway's supporters, in contrast, dismissed these environmental concerns as a make-weight issue. Incremental harms to the environment seemed invisible, or at least seemed dwarfed by more obvious, immediate, localized benefits. Regardless of partisans' motivations and views, federal law required close analysis of Westway's impact on fishery, especially in terms of harm to striped bass. These laws and linked impacts soon became the focus of regulatory and judicial controversy.
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