Natural Resources Defense Council, Inc. v. Marsh

VAN GRAAFEILAND, Circuit Judge:

Natural Resources Defense Council, Inc. (NRDC) appeals from that portion of a judgment of the United States District Court for the Eastern District of New York (Neaher, J.) which upholds the Secretary of the Army’s transfer to the Navy of certain land located within the boundaries of a proposed Gateway National Recreation Area. We affirm.

The Gateway National Recreation Act (Gateway Act), passed by Congress in 1972, established the geographic boundaries of the Gateway National Recreation Area, approximately 26,172 acres located in and around the New York Harbor.…