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ORANGE ENVIRONMENT, INC. v. ORANGE COUNTY LEGISLATURE

No. 1789, Docket 93-7259.

2 F.3d 1235 (1993)

ORANGE ENVIRONMENT, INC.; Arthur E. Soons; Sandra Soons, Plaintiffs-Appellees, Hudson Riverkeeper Fund, Inc., Plaintiff-Intervenor-Appellee, v. ORANGE COUNTY LEGISLATURE, Defendant-Intervenor-Appellant, Mary McPhillips, County Executive; Orange County Department of Public Works; Louis Cascino, Commissioner, Defendants, County of Orange, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 2, 1993.

Filed August 20, 1993.

Attorney(s) appearing for the Case

Steven P. Solow (Robert F. Kennedy, Jr., Natural Resources Defense Council, of counsel), Daniel E. Estrin, Athena Tsakanikas and Marla E. Wieder, Legal Interns, Pace Environmental Litigation Clinic, White Plains, NY, for plaintiff-intervenor-appellee.

Eric Ward, Rochester, NY (Robert B. Calihan and David C. MacLean, Jr., Nixon, Hargrave, Devans & Doyle, of counsel), for defendants and defendant-appellee.

James G. Sweeney, Middletown, NY (Shamberg Marwell Cherneff Hocherman Davis & Hollis, P.C., of counsel), for defendant-intervenor-appellant.

Michael H. Sussman, Goshen, NY, for plaintiffs-appellees.

Before: MAHONEY, McLAUGHLIN, and JACOBS, Circuit Judges.

PER CURIAM:

The Orange County Legislature (the "Legislature") appeals from an order entered March 18, 1993 in the United States District Court for the Southern District of New York, Gerard L. Goettel, Judge, that denied the Legislature's motion to intervene in this action in order to appeal a decision that Orange County's use of a landfill without a permit from the Army Corps of Engineers violated the Clean Water Act, 33 U.S.C. § 1251 (1988) et seq...

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