U.S. v. COUNTY OF NASSAU

No. CV 89-2532.

749 F.Supp. 463 (1990)

UNITED STATES of America and State of New York, Plaintiffs, v. COUNTY OF NASSAU and Nassau County Department of Public Works, Defendants.

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

October 17, 1990.


Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D. New York, Brooklyn, N.Y., Deborah B. Zwany, Asst. U.S. Atty., Richard B. Stewart, Asst. Atty. Gen., Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C. (Joseph Hurley, Sr. Atty., Environmental Enforcement Section, Charles E. Hoffmann, Asst. Branch Chief, Richard Weisberg, Asst. Regional Counsel, U.S. E.P.A., of counsel), Robert Abrams, Atty. Gen., State of N.Y., New York City, Ann L. Goldweber, Asst. Atty. Gen. (Richard Williams, New York State Dept. of Environmental Conservation, of counsel), for plaintiffs.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Leslie Gordon Fagen, John N. Gevertz, of counsel), County of Nassau, Mineola, N.Y. (Owen B. Walsh, of counsel), for defendants.


MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

Defendants, County of Nassau and the Nassau County Department of Public Works ("Nassau"), move to modify the August 2, 1989 Consent Decree and Enforcement Agreement ("Decree") by replacing paragraphs V.4, V.5, and V.6, which require Nassau to award contracts for and commence construction of sewage sludge dewatering equipment and facilities, with a paragraph...

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