U.S. v. CITY OF NIAGARA FALLS

No. CIV-81-363C.

674 F.Supp. 1013 (1987)

UNITED STATES of America; the State of New York; and Robert F. Flacke, Commissioner of the Environmental Conservation of the State of New York, Plaintiffs, v. The CITY OF NIAGARA FALLS, Defendant, and The Industrial Liaison Committee of the Niagara Falls Area Chamber of Commerce, Defendant-Intervenor.

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

December 7, 1987.


Attorney(s) appearing for the Case

U.S. Dept. of Justice, Environmental Enforcement Section (Ronald Gluck, Sr. Atty., of counsel), Washington, D.C., for U.S.

Robert Abrams, Atty. Gen. of the State of N.Y. (Joel F. Spitzer, Asst. Atty. Gen., of counsel), Albany, N.Y., for State of N.Y.

Berle, Kass & Case (Michael B. Gerrard, of counsel), Niagara Falls, N.Y., and Carl E. Mooradian, Corp. Counsel of the City of Niagara Falls, Niagara Falls, N.Y., for City of Niagara Falls.

Whiteman, Osterman & Hanna (John Hanna, Jr., and Philip H. Dixon, of counsel), Albany, N.Y., for defendant-intervenor Indus. Liaison Committee.


CURTIN, Chief Judge.

On June 10, 1987, this court approved a schedule proposed by the parties for the resolution of the dispute arising from the discharge of various chemicals from the Falls Street Tunnel in Niagara Falls, New York, into the Niagara River (Item 118); see also Item 130 (amending the June 10, 1987, schedule). Plaintiffs United States of America [United States] and the State of New York [the State] now argue that the defendant City of Niagara...

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