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N.R.D.C. v. N.Y. STATE DEPT. OF ENVIRONMENTAL CONS.

No. 87 Civ. 0505 (MEL).

668 F.Supp. 848 (1987)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; American Lung Association; American Lung Association of New York State, Inc.; Brooklyn Lung Association, Inc.; Queensboro Lung Association; and American Lung Association, Hudson Valley, Inc., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; Henry G. Williams, as Commissioner, New York State Department of Environmental Conservation; United States Environmental Protection Agency; and Lee M. Thomas, as Administrator, United States Environmental Protection Agency, Defendants.

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

September 9, 1987.

Attorney(s) appearing for the Case

Donald S. Strait, Eric A. Goldstein, Natural Resources Defense Council, Inc., New York City, for plaintiffs; David Schoenbrod, assisting in preparation of brief, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for State defendants; James A. Sevinsky, David R. Wooley, Helene G. Goldberger, of counsel.

Rudolph W. Giuliani, U.S. Atty. for the S.D.N.Y., New York City, for Federal defendants; Richard W. Mark, Asst. U.S. Atty., Michael M. Wenig, Land and Natural Resources Div., U.S. Dept. of Justice, Peter H. Wyckoff, Asst. Gen. Counsel, Richard Roos-Collins, U.S. Environmental Protection Agency, Washington, D.C., Joseph Siegel, Lisa Burianek, Asst. Regional Counsels, U.S. Environmental Protection Agency, Region II, New York City, of counsel.

LASKER, District Judge.

This citizens' suit, brought under § 304 of the Clean Air Act, 42 U.S.C. § 7604 (1982), by the Natural Resources Defense Council, Inc. and several New York area lung associations (collectively "NRDC"), concerns New York State's responsibility to reduce the level of the pollutant ozone in the air we breathe. Ozone is one of the primary ingredients of the smog which often envelopes the New York metropolitan area.1...

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