Residents for Sane Trash Solutions, Inc. et al v. United States Army Corps of Engineers et al, No. 1:2012cv08456 - Document 82 (S.D.N.Y. 2014)

Court Description: OPINION & ORDER: For the foregoing reasons, and upon careful review, the Court finds that the decision of the United States Army Corps of Engineers to issue a CWA Section 404 permit for the construction of the new East 91st Street marine transfer st ation was rational and well-supported by the voluminous administrative record. The Corps considered the pertinent evidence, examined the relevant factors, and articulated a satisfactory explanation for its action. The Court denies Plaintiffs' motions for summary judgment, and grants Defendants' motions for summary judgment in their entirety. The Court also grants Defendants' Rule 12(c) motions for judgment on the pleadings. Plaintiffs' claims are dismissed with prejudice. The Clerk of Court is directed to enter judgment and close this case. SO ORDERED. (Signed by Judge Paul A. Crotty on July 10, 2014) (Attachments: # 1 Appendix KEY OF ACRONYMS)(mov)

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APPENDIX A KEY OF ACRONYMS (7/10/14 Opinion & Order in re: 12 Civ. 8456 (PAC) and 12 Civ. 8458 - PAC) Acronym ABFEs APA CEQ CEQR CPC CWA DSNY EA EIS EPA FEIS FEMA FONSI MFR MTS NEPA NOAA NMFS SEQRA State DEC SWMP ULURP USFWS Definition Advisory Base Flood Elevations Administrative Procedure Act Council on Environmental Quality City Environmental Quality Review City Planning Commission Clean Water Act New York City Department of Sanitation Environmental Assessment Environmental Impact Statement Environmental Protection Agency Final Environmental Impact Statement Federal Emergency Management Agency Finding of No Significant Impact Memorandum for Record Marine Transfer Station National Environmental Policy Act of 1969 National Oceanic and Atmospheric Administration National Marine Fisheries Service State Environmental Quality Review Act New York State Department of Environmental Conservation Solid Waste Management Plan Uniform Land Use Review Procedure United States Fish and Wildlife Service 43

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