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MOTOR VEHICLE MFRS. v. N.Y.S. DEPT. OF ENV. CONS.

No. 92-CV-869.

831 F.Supp. 57 (1993)

The MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF the UNITED STATES, INC. and The Association of International Automobile Manufacturers, Inc., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, and Thomas C. Jorling, Commissioner of Environmental Conservation of the State of New York, Defendants, American Petroleum Institute, Environmental Defense Fund, and New York State Electric & Gas, Intervenor-Defendants.

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

July 13, 1993.

Attorney(s) appearing for the Case

Kirkland, Ellis Law Firm, Washington, DC (Daniel F. Attridge, of counsel), for Plaintiff.

Robert Abrams, Atty. Gen., State of NY, Albany, NY (Joan Leary Matthews and Helene G. Goldberger, Asst. Attys. Gen., for NY State defendants.

Morgan, Lewis Law Firm, Washington, DC (William H. Lewis, Jr., and David Deal, of counsel), for intervenor-defendant American Petroleum Institute.

Environmental Defense Fund, Nat. Headquarters, New York City (James T.B. Tripp, of counsel), for intervenor-defendant, Environmental Defense Fund.

Huber, Lawrence Law Firm, New York City (Seth A. Davis and Dana J. Reifler, of counsel), for intervenor-defendant, NY State Elec. & Gas.

Attys. Gen. of MA, ME, MD, NJ, RI and VT, and Long Island Lighting Co., Hicksville, NY, as amici curiae.

MEMORANDUM-DECISION & ORDER ON RECONSIDERATION

McAVOY, Chief Judge.

Introduction:

In an Amended Memorandum-Decision & Order dated January 26, 1993 the Court granted Plaintiffs' motion for summary judgment on counts two, four, five and six of the complaint, and granted Defendants' cross-motion for summary judgment on counts one and three of the complaint.1 On January 26, 1993 the Clerk entered judgment dismissing...

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