CENTRAL HUDSON GAS & ELECTRIC CORPORATION, Consolidated Edison Company of New York, Inc., Orange and Rockland Utilities, Inc., and Power Authority of the State of New York, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, and
Hudson River Fishermen's Association, Intervenor-Respondent. CENTRAL HUDSON GAS & ELECTRIC CORPORATION, Consolidated Edison Company of New York, Inc., Orange and Rockland Utilities, Inc., and Power Authority of the State of New York, Plaintiffs-Appellants,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Douglas M. Costle, as Administrator, U. S. Environmental Protection Agency, Eckardt C. Beck, Regional Administrator, Region II, U. S. Environmental Protection Agency, New York State Department of Environmental Conservation, and Peter A. A. Berle, Commissioner, New York State Department of Environmental Conservation, Defendants-Appellees, and
Hudson River Fishermen's Association, Intervenor-Defendant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued May 1, 1978.
Decided November 3, 1978.
Attorney(s) appearing for the Case
G. S. Peter Bergen, New York City (Robert J. Glasser, Thomas E. Mark, LeBoeuf, Lamb, Leiby & MacRae, New York City, of counsel), for petitioners-appellants Central Hudson, et al.
Anne Sidamon-Eristoff, Asst. U.S. Atty., S. D. N.Y., New York City (Robert B. Fiske, Jr., U.S. Atty., S.D. N.Y., Patrick H. Barth, Louis G. Corsi, Asst. U.S. Attys., S. D. N.Y., New York City, Warren H. Llewellyn, U.S. Environmental Protection Agency, New York City, of counsel), for respondents-appellees EPA, Costle and Beck.
Albert K. Butzel, New York City (Clifford P. Case, III, Butzel & Kass, New York City, of counsel), for intervenor-respondent-appellee Hudson River Fishermen's Ass'n.
Before FEINBERG and MESKILL, Circuit Judges, and BRIEANT, District Judge.
United States Court of Appeals, Second Circuit.
MESKILL, Circuit Judge:
Three public utilities1 and the Power Authority of the State of New York2 engaged in the generation and sale of electricity in New York have brought suit against the United States Environmental Protection Agency ("EPA"), the New York State Department of Environmental Conservation ("DENCON") and officials of those bodies. The principal relief...
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