CRONIN v. BROWNER

No. 93 Civ. 0314 (AGS).

898 F.Supp. 1052 (1995)

John J. CRONIN, a/k/a The Hudson Riverkeeper; Cynthia E. Poten, a/k/a The Delaware Riverkeeper; The Hudson Riverkeeper Fund, Inc.; The New York Coastal Fishermen's Association, Inc.; The American Littoral Society, Inc.; Michael Herz, a/k/a The San Francisco Baykeeper; Kenneth Moser, a/k/a The Puget Soundkeeper; Terrance E. Backer, a/k/a The Soundkeeper; The Long Island Soundkeeper Fund, Inc.; and Andrew Willner, a/k/a The Baykeeper for the New York and New Jersey Harbor Estuary, Plaintiffs, v. Carol M. BROWNER, as Administrator of the United States Environmental Protection Agency, Defendant.

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

July 24, 1995.


Attorney(s) appearing for the Case

P. Kent Correll, New York City, Christopher H. Bartle, Dolgenos Newman & Cronin, New York City, Theresa Rose Hanczor, Hudson Riverkeeper Fund, Garrison, New York, for Plaintiffs.

Mary Jo White, United States Attorney for the Southern District of New York by Steven M. Haber, Assistant United States Attorney, New York City, Scott J. Jordan, Environmental Defense Section, U.S. Department of Justice, Washington, DC, for Defendant.


OPINION AND ORDER

SCHWARTZ, District Judge:

INTRODUCTION

Plaintiffs, various environmental organizations, initiated this action pursuant to the "citizen suit" provision, § 505 of the Clean Water Act1 ("CWA" or "the Act"), 33 U.S.C. § 1365, to compel the United States Environmental Protection Agency ("EPA"), through its Administrator, to perform an allegedly non-discretionary duty under section 316(b...

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