TOWN OF ORANGETOWN v. GORSUCH

No. 1260, Docket 83-6035.

718 F.2d 29 (1983)

TOWN OF ORANGETOWN, Plaintiff-Appellant, v. Anne GORSUCH, Individually and as Administrator of the United States Environmental Protection Agency; Richard Dewling, Individually and as Regional Administrator of the United States Environmental Protection Agency; Rockland County Sewer District No. 1; County of Rockland; Town of Ramapo; Town of Clarkstown; and Robert Flacke, as Commissioner of the New York State Department of Environmental Conservation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 21, 1983.


Attorney(s) appearing for the Case

David Sive, New York City (Laurence B. Jones, Winer Neuburger & Sive, P.C., New York City, of counsel), for plaintiff-appellant Town of Orangetown.

Peter A.A. Berle, New York City (Carol A. Buckler, Berle, Butzel, Kass & Case, New York City, of counsel), for defendants-appellees Rockland County Sewer Dist. No. 1, et al.

Gaines Gwathmey, Asst. U.S. Atty., S.D.N.Y., New York City (John S. Martin, U.S. Atty., S.D.N.Y.; Thomas D. Warren, Asst. U.S. Atty., S.D.N.Y.; Gary M. Rowen, Asst. Regional Counsel of U.S.E.P.A., New York City, of counsel), for defendant-appellee U.S. Environmental Protection Agency.

Mary Lyndon, Asst. Atty. Gen., for State of N.Y., New York City (Robert Abrams, Atty. Gen. for State of N.Y., New York City, of counsel), for defendant-appellee Flacke.

Vincent J. Aceste, Harrison, N.Y. (Alfred E. Page, Clune, White & Nelson, Harrison, N.Y., of counsel), for defendant-appellee Town of Clarkstown.

Before OAKES, PIERCE and PECK, Circuit Judges.


PIERCE, Circuit Judge:

The Town of Orangetown appeals from a final judgment of the United States District Court for the Southern District of New York, Richard Owen, Judge, 544 F.Supp. 105, dismissing plaintiff's challenge to the approval by the Environmental Protection Agency (EPA) of construction grants for the design and expansion of the Rockland County Sewer District No. 1 (RCSD...

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