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TOWN OF ORANGETOWN v. RUCKELSHAUS

Cal. No. 1312, Docket 84-6089.

740 F.2d 185 (1984)

TOWN OF ORANGETOWN, Plaintiff-Appellant, v. William RUCKELSHAUS, Individually and as Administrator of the United States Environmental Protection Agency, Jacqueline Schafer, Individually and as Regional Administrator of Region II of the United States Environmental Protection Agency, Rockland County Sewer District No. 1, County of Rockland, and Henry G. Williams, as Commissioner of the New York State Department of Environmental Conservation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 25, 1984.

Attorney(s) appearing for the Case

David Sive, New York City (Winer, Neuburger & Sive, Daniel Riesel and Jeffrey M. Blum, New York City, of counsel), for plaintiff-appellant.

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

Carolyn L. Simpson, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Thomas D. Warren, Asst. U.S. Atty., and Gary Rowen, Asst. Regional Counsel, New York City, of counsel), for defendants-appellees, William Ruckelshaus and Jacqueline Schafer.

James Periconi, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., New York City, of counsel), for defendant-appellee, Henry G. Williams.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and BONSAL, District Judge.

VAN GRAAFEILAND, Circuit Judge:

The Town of Orangetown comes to this Court for a second time as part of its continuing effort to prevent the Environmental Protection Agency (EPA) and the New York State Department of Environmental Conservation (DEC) from approving the awarding of federal grants for the modernization of an outmoded and overloaded sewage treatment plant operated by Rockland County Sewer District No. 1 (Rockland). On the prior appeal, Orangetown sought...

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