COUNCIL OF COMMUTER ORGANIZATIONS, Committee for Better Transit, Inc., Barry Benepe, and Stephen B. Dobrow; Action for Rational Transit, Petitioners,
v.
Lee M. THOMAS, Administrator, and the United States Environmental Protection Agency, Respondents, and
State of New York, Intervenor.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 19, 1985.
Decided August 28, 1986.
Attorney(s) appearing for the Case
David R. Wooley, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Albany, N.Y., on brief), for intervenor.
William Hoppen, New York City (David M. Corwin, New York City, on brief), for petitioners.
Susan L. Smith, U.S. Dept. of Justice, Washington, D.C. (F. Henry Habicht II, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, D.C., Mark Stanga, U.S. E.P.A., Washington, D.C., Francis S. Blake, Gen. Counsel, William F. Pederson, Assoc. Gen. Counsel, Peter H. Wyckoff, Asst. Gen. Counsel, U.S. E.P.A., Washington, D.C., Gary Cohen, New York City, on brief), for respondents.
Before VAN GRAAFEILAND, NEWMAN, and MINER, Circuit Judges.
United States Court of Appeals, Second Circuit.
JON O. NEWMAN, Circuit Judge:
In the aftermath of our decision in Council of Commuter Organizations v. Gorsuch,683 F.2d 648 (2d Cir.1982) ("CCO I"), we return to the continuing efforts of commuter groups in the New York City metropolitan area to convert the national effort to combat air pollution into a local battle to improve mass transit. In CCO I, though the commuter...
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