|Appellate Court Decision 12/12/2003|
|We are thrilled to announce that the federal appellate court has ruled in favor of SPARC and co-plaintiffs OC Federation of Sportsmen and the Sierra Club.
Basically, the court agreed with our most important legal argument, the application of Section 4(f) of Transportation Law.
They reversed the lower court's decision and have decided that the Buffer Lands qualify as a public recreation and wildlife area. This means that the agencies sponsoring the I-84 interchange project have to prove that there is no feasible and less destructive alternative to their plan. The decision can be read online at www.ca2.uscourts.gov/ . Go to 'Decisions' (on the left) and search for 'Stewart Airport'. Since one judge dissented, his dissenting opinion is also online.