John A. BERSANI, Newport Galleria Group, Robert J. Congel and the Pyramid Companies, Plaintiffs,
and
Citizens in Support of Attleboro Mall and Joseph Robichaud, Intervenor-Plaintiffs,
and
Home Builders Association of Massachusetts, Intervenor-Plaintiff,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; United States Army Corps of Engineers; Lee Thomas, in his official capacity as Administrator of the United States Environmental Protection Agency; Richard K. Dawson, in his official capacity as Assistant Secretary for Civil Works, United States Army; and Jennifer Joy Wilson, in her official capacity as Assistant Administrator for External Affairs, United States Environmental Protection Agency, Defendants,
and
Conservation Law Foundation of New England, Environmental Defense Fund, National Audubon Society, Sierra Club Legal Defense Fund, and National Wildlife Federation, Intervenor-Defendants.
United States District Court, N.D. New York.https://leagle.com/images/logo.png
October 6, 1987.
October 6, 1987.
Attorney(s) appearing for the Case
Beveridge & Diamond, P.C., Washington, D.C., Levine, Gouldin & Thompson, Binghamton, N.Y., for plaintiffs; Gary H. Baise, Virginia S. Albrecht, Marc Zeppetello, Washington, D.C., David M. Gouldin, Binghamton, N.Y., of counsel.
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Boston, Mass., for intervenor-plaintiff Home Builders Ass'n of Massachusetts; Michael S. Gardener, of counsel.
Paul D. Kamenar, Washington, D.C., for intervenor-plaintiffs Citizens in Support of Attleboro Mall and Joseph Robichaud.
Lawrence R. Liebesman, U.S. Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for defendants.
Gail B. Cooper, Office of General Counsel, E.P.A., Washington, D.C., for defendants.
Ann Williams-Dawe, Boston, Mass., for defendants U.S. E.P.A.
James T.B. Tripp, New York City, for defendant-intervenor Environmental Defense Fund.
Robert Dreher, Washington, D.C., for defendant-intervenor Sierra Club Legal Defense Fund.
McDermott, Will & Emery, Washington, D.C., for amicus curiae United States Chamber of Commerce; R. Sarah Compton, of counsel.
Chernin & Gold, Binghamton, N.Y., for amicus curiae U.S. Chamber of Commerce; Donald M. Flanagan, of counsel.
United States District Court, N.D. New York.
DECISION AND ORDER
McAVOY, District Judge.
Plaintiffs John A. Bersani, the Pyramid Companies1, Robert J. Congel and the Newport Galleria Group2 have brought this action challenging a "Final Determination" rendered by the defendant United States Environmental Protection Agency (the "EPA") on May 13, 1986, pursuant to Section 404(c) of the Clean Water Act, 33 U.S.C. section 1344(c).
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