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FRIENDS OF THE EARTH v. CAREY

No. 74 Civ. 4500.

422 F.Supp. 638 (1976)

FRIENDS OF THE EARTH et al., Plaintiffs, v. Hugh L. CAREY et al., Defendants.

United States District Court, S. D. New York.

July 13, 1976.

Attorney(s) appearing for the Case

Ross Sandler, David Schoenbrod, David Hawkins, Natural Resources Defense Council, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, for New York State defendants by Paul S. Shemin, Asst. Atty. Gen., New York City, of counsel.

W. Bernard Richland, Corp. Counsel for City of New York, New York City, for New York City defendants by Alexander Gigante, Jr., Nina Gershon Goldstein, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, for defendant Train by Anne Sidamon-Eristoff, William R. Bronner, Asst. U. S. Attys., J. Kevin Healy, Atty., EPA Region II, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

I. INTRODUCTION

This citizen suit pursuant to § 304 of the Clean Air Act (42 U.S.C. § 1857h-2) seeks to compel New York State and New York City to enforce the Metropolitan Transportation Control Plan (TCP) which was submitted by the Governor to the Administrator of the Environmental Protection Agency (EPA), approved by the Administrator (38 Fed.Reg. 1560-61), and approved by the Second Circuit...

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