Coalition for Healthy Ports et al v. The United States Coast Guard et al, No. 1:2013cv05347 - Document 135 (S.D.N.Y. 2015)

Court Description: OPINION AND ORDER re: 97 MOTION for Summary Judgment . filed by Natural Resources Defense Council, Inc., The Elm Park Civic Association, Inc., Amy Goldsmith, North Shore Waterfront Conservancy of Staten Island, Coalition for H ealthy Ports, 87 MOTION for Summary Judgment . filed by The United States Coast Guard, Gary Kassof, Robert J. Papp, 115 CROSS MOTION for Summary Judgment . filed by Port Authority of New York and New Jersey. The record in this case reflects that the Coast Guard took the "hard look" at Project-related impacts that NEPA requires, and that its decision to issue a finding of no significant impact and an amended construction permit on the basis of this " ;hard look" was neither arbitrary nor capricious. Accordingly, remand to the Coast Guard for the preparation of an environmental impact statement is both unnecessary and unwarranted. For the reasons stated, Plaintiffs' motion for summar y judgment is denied, and Defendants' motions are granted. The Clerk of Court is respectfully requested to close all of the motions currently pending in this action, and to close the case. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 11/24/2015) (kgo) Modified on 11/24/2015 (kgo).