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STATE OF CONNECTICUT v. LONG ISLAND LIGHTING CO.

No. CV 81-1136.

535 F.Supp. 546 (1982)

STATE OF CONNECTICUT, Plaintiff, v. LONG ISLAND LIGHTING COMPANY, Robert Flacke, as commissioner of the Department of Environmental Conservation of the State of New York, and Anne Gorsuch, as administrator of the United States Environmental Protection Agency, Defendants.

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

March 24, 1982.

Attorney(s) appearing for the Case

Carl R. Ajello, Atty. Gen. of State of Conn. by Kenneth N. Tedford, Asst. Atty. Gen. for Environmental Protection, Hartford, Conn., for plaintiff.

Diane Donley, Land and Natural Resources Div., U. S. Dept. of Justice, Maryann Muirhead, U. S. Environmental Protection Agency, Washington, D. C., Robert Abrams, Atty. Gen. of State of N. Y. by Mary L. Lyndon, Asst. Atty. Gen., New York City, for defendant Flacke.

Edward M. Barrett, Mineola, N. Y., Maida Oringher Lerner, Washington, D. C., for defendant Long Island Lighting Co.

Daniel Millstone, Litigation Director, New Haven, Conn., for intervenors Conn. Fund for the Environment et al.

MEMORANDUM AND ORDER

GEORGE C. PRATT, District Judge:

In 1972, pursuant to § 110 of the Clean Air Act, 42 U.S.C. § 7410, New York State submitted an implementation plan for air quality to the United States Environmental Protection Agency (EPA). This state implementation plan (SIP), which was approved by the EPA, prohibits the sale, purchase or use of fuel containing more than 1% sulphur in power generating plants in Suffolk County, New York. On...

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