MEMORANDUM DECISION
GAGLIARDI, District Judge.
This is an action to recover civil penalties assessed by the United States Coast Guard against the City of New York (the "City") for discharges of oil into the navigable waters of the United States in violation of the Federal Water Pollution Control Act of 1972 ("FWPCA"), 33 U.S.C. § 1321(b)(3). Jurisdiction is premised upon 33 U.S.C. § 1321(n). The City has moved to dismiss the complaint for failure...
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