Search

Showing posts with label 1985. Show all posts
Showing posts with label 1985. Show all posts

Sep 18, 2025

Sears Island Causeway. Four legal cases. Full decisions and excerpts

Key quote : "This Court held that the Coast Guard acted arbitrarily and capriciously in issuing a "bridge" permit for the construction of the causeway.  The Court revoked the permit and enjoined the issuance of a further permit under the General Bridge Act."

Therefore the creation of the solid cause was done knowingly illegally: The US Coast Guard's false testimony deceived Congress (which was told it was to be a causeway  with large culverts..

 Sierra Club v. Marsh, 639 F. Supp. 1216 (D. Me. 1986)

No. 84-0388 B (Sierra II).  (excerpt) 

Full decision:

https://law.justia.com/cases/federal/district-courts/FSupp/639/1216/1746489/

In No. 84-0388 B (Sierra II), plaintiff charged that the Coast Guard acted arbitrarily and capriciously in issuing a "bridge" permit under the General Bridge Act of 1946, 33 U.S.C. § 525(b), for the construction of the causeway portion of the Project (Count I), and violated NEPA by failing to prepare an EIS before issuing the permit (Count II). 

Named as defendants were the Secretary of Transportation and the Commandant of the Coast Guard (collectively "the federal defendants"), and MeDOT. 

Following review of the administrative record, this Court held that the Coast Guard acted arbitrarily and capriciously in issuing a "bridge" permit for the construction of the causeway.  The Court revoked the permit and enjoined the issuance of a further permit under the General Bridge Act. The Court did not address the NEPA issues also raised by plaintiff.

The federal defendants did not appeal this Court's ruling, but MeDOT did.  On December 23, 1985, the Court of Appeals affirmed the revocation of the "bridge" permit by this Court. Sierra Club v. Secretary of Transportation, 779 F.2d 776 (1st Cir.1985) (Sierra Club II).

End excerpt

================================================

1985 Sierra Club v. Secretary of Transportation. 779 F.2d 776 (1st Cir)

"Maine DOT appealed a ruling by the US District Court for Maine in favor of the Sierra Club, holding that the Coast Guard had arbitrarily and capriciously issued a permit for the construction of a "bridge" between Kidder Point, Maine, and Sears Island, Maine. 

The Court of Appeals here upholds the permit revocation, writing:
"The arbitrary and capricious action of the Coast Guard in allowing Maine DOT to submit an application for a causeway as if it were an application for a bridge and approving such application by itself treating the structure as a bridge is sufficient to justify the revocation of the permit."

End excerpt


1987  Sierra Club v. Secretary of Army 820 F.2d 513                                            Circuit Court of appeals rejects appeal by government of attorneys fees awarded to Sierra Club from Sears Island causeway case.


1989 Sierra Club v. Marsh 872 F.2d 497                                                               "The Sierra Club asked the district court to enjoin both the federal and state agencies from continuing to build the causeway or otherwise work upon the Sears Island project while the court considered the merits of its various, rather complex objections...The federal district court denied the Sierra Club's request for a preliminary injunction. 

The determination of the district court not to issue the preliminary injunction is vacated and this case is remanded for further proceedings...

In sum, given the likely secondary effects of the Sears Island project and the other effects previously described, the record in this case cannot support a FONSI, and therefore an EIS must be prepared. 

We reach this conclusion not because preparation of an EIS is merely a technical requirement which, under NEPA and its implementing regulations, we must here enforce. Rather, this requirement reflects NEPA's underlying purpose in requiring agencies to determine and assess environmental effects in a systematic way--namely, having decisionmakers focus on these effects when they make major decisions. That is to say, the requirement flows not only from the letter, but also from the spirit, of NEPA.

The decision of the district court is vacated and the case remanded for proceedings consistent with this opinion.

Sep 16, 2025

Sears Island Federal Court Cases 1985-1992

 

Sears Island Federal Court Cases 1985-1992

Sierra Club of New England waged a seven year struggle in federal court in the mid 1980s and early '90s to keep Sears Island free of development. Read the amazing legal decisions that the Sierra Club achieved in those years - before the New England Sierra Club broke up into Maine, NH and Massachusetts chapters in 2000.

1985 Sierra Club v. Marsh, 769 F.2d 868 (1st Cir. 1985)
"In sum, given the likely secondary effects of the Sears Island project and the other effects previously described, the record in this case cannot support a FONSI, and therefore an EIS must be prepared. We reach this conclusion not because preparation of an EIS is merely a technical requirement which, under NEPA and its implementing regulations, we must here enforce. Rather, this requirement reflects NEPA's underlying purpose in requiring agencies to determine and assess environmental effects in a systematic way--namely, having decisionmakers focus on these effects when they make major decisions. That is to say, the requirement flows not only from the letter, but also from the spirit, of NEPA."

1985 Sierra Club v. Secretary of Transportation. 779 F.2d 776 (1st Cir)
Maine DOT appealed a ruling by the US District Court for Maine in favor of the Sierra Club, holding that the Coast Guard had arbitrarily and capriciously issued a permit for the construction of a "bridge" between Kidder Point, Maine, and Sears Island, Maine. The Court of Appeals here upholds the permit revocation, writing:

"The arbitrary and capricious action of the Coast Guard in allowing Maine DOT to submit an application for a causeway as if it were an application for a bridge and approving such application by itself treating the structure as a bridge is sufficient to justify the revocation of the permit."

1987  Sierra Club v. Secretary of Army 820 F.2d 513                                                Circuit Court of appeals rejects appeal by government of attorneys fees awarded to Sierra Club from Sears Island causeway case.

1989 Sierra Club v. Marsh 872 F.2d 497                                                                                      "The Sierra Club asked the district court to enjoin both the federal and state agencies from continuing to build the causeway or otherwise work upon the Sears Island project while the court considered the merits of its various, rather complex objections...The federal district court denied the Sierra Club's request for a preliminary injunction. The determination of the district court not to issue the preliminary injunction is vacated and this case is remanded for further proceedings..."

1990 Sierra Club v. Marsh, 907 F.2d 210 (1st Cir. 1990)                                                   "Construction of the project remains at a standstill pending full NEPA compliance. The November 1 order neither modified nor continued the injunction in any jurisdictionally significant respect....We need go no further. In the present posture of the case, an interlocutory appeal will not lie. The Club, yearning for the blossom when only the bud is ready, has come to us prematurely...The appeal is dismissed for want of appellate jurisdiction. Costs in favor of appellees.

1992 Sierra Club v. Marsh, 976 F.2d 763 (1st Cir. 1992)                                                            "Sierra Club challenges the district court's conclusion that the analysis of secondary impacts in the agencies' final EIS satisfies NEPA. We affirm."

May 9, 2024

Sears Island Causeway - news coverage 1975 - 1992

 Assorted  News  coverage of the Sears Island Causeway proposal, then its approval by Maine  Board of Environmental Protection 1975-1989 

 (FREQUENT ADDITIONS... REFRESH PAGE) 

1975

Ellsworth American 3/6/75 Letter to editor by Pat Garrett, Safe Power For Maine, Stockton Springs

1978

BDN 12/27/78. Searsport Considers Four Major Projects

1980  

BDN 10/14/80  Causeway Petition may go to DOT 

BDN 10/14/80   Causeway Session Called. Pt 1

 1982

BDN 7/7/82  Cargoport Site Endorsed 

BDN  12/9/82  Maine BEP OKs Causeway Part 1   Part 2

1983 

BDN 12/17/83   Corps of Engineers waives Impact Study   (see middle of three columns)

1985

BDN   3/21/85   Sears Island Causeway Permit Killed 

Ellsworth American 4/4/85    State may proceed on Sears island Access

BDN 4/6/85  Work on Cargoport to Continue, DOT says.


1987   

BDN 9/29/87  Sears Island  statement completed by MDOT

1988 

Kennebec Journal  1/25/88 1. Cargoport fate may be known soon.  2. Congr delegation still supports

BDN 2/27/88  1. Sears Island: Delays irk project proponents__ 2. Mack Point

Morning Sentinel 3/125/88 Sears Island terminal gets Corps of Engineers OK

Ellsworth American 6/2/88   Letter-ed Sarah Conley, Sierra Club_

Republican Journal  6/9/88 Artificial Clam Flats Built Off Sears Island. 

BDN  10/4/88 Contractors expected to begin work on cargoport next week

Republican Journal 10/13/88 The Causeway To Success. Photo  (courtesy IIT) 

Republican Journal 10/13/88  The Causeway to Success Photo_closeup  (courtesy IIT) 

Republican Journal 10/13/88 The Causeway to Success. Full page    (courtesy IIT) 

Morning Sentinel 12/7/88 Sierra Club official explains battle against Sears Island 

1989

BDN 3/3/89 Lawsuit to halt Sears Island Port ruled permissible 

1991

BDN 4/9/91  Editorial "Sears Island"

1992  

 BDN  6/29/92   Sears Island mtg  scheduled tonite  Part 1    Part 2

BDN 9/29/92  Editorial Maine is missing the boat

BDN 9/29/92 Editorial  Points on the horizon