ENVIRONMENTAL ENCAPSULATING CORP. v. CITY OF NEW YORK

87 Civ. 2604 (JMW).

666 F.Supp. 535 (1987)

ENVIRONMENTAL ENCAPSULATING CORP., Central Jersey Coating, Inc., Abatement International Ltd., Jack's Insulation Contracting Corp., and John's Insulation Inc., Plaintiffs, v. The CITY OF NEW YORK and the City of New York Department of Environmental Protection, Defendants.

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

July 31, 1987.


Attorney(s) appearing for the Case

Paul A. Gallay, Sharon E. Jaffe, of the firm Cole & Deitz, New York City, for plaintiffs.

Virginia Waters, of the Office of Corp. Counsel, New York City, for defendants.

Arthur Luxemberg, of the offices of Morris J. Eisen, P.C., New York City, Anne Weisberg, of the firm Berle, Kass & Case, New York, for amicus curiae on behalf of defendants.


OPINION

WALKER, District Judge:

INTRODUCTION

Plaintiffs Environmental Encapsulating Corp. ("Environmental Encapsulating"), et al. are New York City contractors engaged in the work of asbestos removal incidental to demolition or renovation. Plaintiffs have brought the instant action for a declaratory judgment invalidating certain regulations ("the DEP regulations"), adopted on November 19, 1986 by Defendants The City of New York ("the City...

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