Legal Opinion

Environmental Defense Fund, Inc. v. Johnson

Court of Appeals for the Second Circuit

Decided August 13, 1980No. 781, Docket 79-6206PublishedCited by 13 opinions

1Opinion of the Court

MULLIGAN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Hon. Lee P. Gagliardi, Judge, which denied plaintiffs’ motion for a preliminary injunction and granted defendants’ motion to dismiss the *240complaint. In a decision reported at 476 P.Supp. 126, the court below concluded that the suit was not ripe for judicial review. We agree.

In 1965, Congress passed the Northeastern United States Water Supply (“NEWS”) Act, 42 U.S.C. § 1962d-4, which recognized that “assuring adequate supplies of water for the great metropolitan…

2Cases cited3 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Kleppe v. Sierra ClubSupreme Court of the United States · 1976
  3. Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget TransatlanticSupreme Court of the United States · 1970

3Cited by13 opinions

  1. City of Fall River v. Federal Energy Regulatory CommissionCourt of Appeals for the First Circuit · 2007
  2. Save Barton Creek Ass'n v. Federal Highway AdministrationCourt of Appeals for the Fifth Circuit · 1992
  3. The Connecticut Fund for the Environment, Inc. v. Environmental Protection Agency, National Retail Merchants Association, IntervenorsCourt of Appeals for the Second Circuit · 1982
  4. Newsweek, Inc. And Time, Inc. v. United States Postal Service, Magazine Publishers Association, Inc. v. United States Postal ServiceCourt of Appeals for the Second Circuit · 1981
  5. National Wildlife Federation v. GoldschmidtCourt of Appeals for the Second Circuit · 1982

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