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U.S. v. TOWN OF MOREAU, N.Y.

No. 88-CV-934.

751 F.Supp. 1044 (1990)

UNITED STATES of America, Plaintiff, v. TOWN OF MOREAU, NEW YORK, and General Electric Company, Defendants. The STATE OF NEW YORK, Intervenor-Plaintiff, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and General Electric Company, Intervenor-Defendants.

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

October 12, 1990.

Attorney(s) appearing for the Case

Environmental Enforcement Section Land & Natural Resources Div. U.S. Dept. of Justice (Donald A. Carr, Paul Chassy, of counsel), Washington, D.C., for plaintiff.

Environmental Defense Section Land & Natural Resources Div., U.S. Dept. of Justice (Mary Elizabeth Ward, of counsel), Washington, D.C., for intervenor-defendant U.S. E.P.A.

Frederick J. Scullin, Jr., U.S. Atty., N.D. N.Y. (William H. Pease, of counsel), Syracuse, N.Y.

Office of Regional Counsel, U.S. E.P.A. (Bernice I. Corman, of counsel), New York City.

Michael Northridge, Office of Enforcement & Compliance Monitoring (LE-1245), U.S. E.P.A. (Pamela S. Sbar, of counsel), Washington, D.C.

Oliver & Oliver (Lewis B. Oliver, Jr., of counsel), Albany, N.Y., for Town of Moreau.

Vernon Green, Town Atty., Town of Moreau, South Glens Falls, N.Y.

Bond, Schoeneck & King (John M. Freyer, Susan Phillips Read, of counsel), Albany, N.Y., for General Elec.

Robert Abrams, Atty. Gen., State of N.Y., Dept. of Law (Michael J. Moore, Dean Sommer, of counsel), Albany, N.Y.

Environmental Enforcement New York State Dept. of Environmental Conservation (Frank Bifera, of counsel), Albany, N.Y.

MEMORANDUM-DECISION AND ORDER

CHOLAKIS, District Judge.

This action concerns an area of land in the Town of Moreau, Saratoga County, known as the Caputo/Moreau landfill, the water supply of which is impacted by or threatened by the impact of hazardous substances released into the soil from 1958 to 1968 when 30 acres of the "Impact Area" were used as industrial waste disposal facility. In 1982, it was discovered that the water in the Impact Area had high...

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