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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.98) 8 Enter the Independent Federal Judiciary and the Power of Law

(p.98) 8 Enter the Independent Federal Judiciary and the Power of Law

(p.98) 8 Enter the Independent Federal Judiciary and the Power of Law
Fighting Westway

William W. Buzbee

Cornell University Press

This chapter chronicles the first major rounds of the Westway war fought in the federal court, presided over by District Court judge Thomas Griesa, which resulted in a major victory for Westway's opponents. Alongside the more formal written regulatory position taking regarding Westway aquatic impacts, the chapter also looks into far more informal communications which continued among government regulators and between regulators and citizens. Opponents' focus on fishery impacts increased during early 1981 as a result of communication between the Environmental Protection Agency's (EPA) Chuck Warren and Al Butzel, who was still serving as the attorney for Benstock's group and several other groups opposing Westway. The chapter hence shows how information about the internal government and the Westway project debates over striped bass risks emerged.

Keywords:   Marcy Benstock, federal court, Al Butzel, formal regulatory communications, informal regulatory communications, Westway's aquatic impacts, fishery impacts, Thomas Griesa

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