434 U.S. 1310 (1977), A-99, Beame v. Friends of the Earth

Docket NºNo. A-99 (76-1718)
Citation434 U.S. 1310, 98 S.Ct. 4, 54 L.Ed.2d 23
Party NameBeame v. Friends of the Earth
Case DateAugust 05, 1977
CourtUnited States Supreme Court

Page 1310

434 U.S. 1310 (1977)

98 S.Ct. 4, 54 L.Ed.2d 23

Beame

v.

Friends of the Earth

No. A-99 (76-1718)

United States Supreme Court

Aug. 5, 1977

ON APPLICATION FOR STAY

Syllabus

Application by New York City and city officials for stay, pending this Court's determination of their petition for certiorari, of enforcement of the Court of Appeals' judgment directing the District Court to take step to ensure that the Transportation Control Plan for the Metropolitan New York Area under the Clean Air Act "will be promptly implemented," is denied, where it does not appear either that there is a balance of irreparable harm in applicants' favor or that four Members of this Court will vote to grant certiorari.

See: 552 F.2d 25.

MARSHALL, J., lead opinion

[98 S.Ct. 5] MR. JUSTICE MARSHALL, Circuit Justice.

Applicants, the city of New York (City) and several of its officials, seek a stay of enforcement of a judgment of the United States Court of Appeals for the Second Circuit pending determination by this Court of their petition for certiorari. In its judgment, entered January 18, 1977, the Court of Appeals directed the District Court to take steps to ensure that the Transportation Control Plan for the Metropolitan New York Area (Plan) "will be promptly implemented." Friends of the Earth v. Carey, 552 F.2d 25, 39. Pursuant to this judgment, the District Court in February ordered applicants to begin implementation of four pollution control strategies, involving reductions in business district parking, taxicab cruising, and daytime freight movements, and the imposition of tolls on certain bridges into Manhattan. Applicants moved for a stay of this directive in the District Court and the Court of Appeals; both motions were denied. Applicants then sought a stay from me, and oral argument was heard in chambers. For the reasons that follow, I must deny the application for a stay.

Page 1311

I

This case is the most recent skirmish in a long legal battle. In April, 1973, the State of New York (State) submitted to the Administrator of the United States Environmental Protection Agency (EPA) the Plan here at issue, pursuant to § 110(a)(1) of the [98 S.Ct. 6] Clean Air Act (Act), added by the Clean Air Amendments of 1970, 84 Stat. 1680, 42 U.S.C. § 1857c-5(a)(1). The Administrator approved the Plan, and his approval was then challenged in court. The Second Circuit upheld the validity of the Plan in all material respects in Friends of the Earth v. EPA, 499 F.2d 1118 (1974) (Friends...

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