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LONG ISLAND SOUNDKEEPER FUND v. NEW YORK CITY DEPT. OF ENVIRONMENTAL PROTECTION

No. CV 98 1635.

27 F.Supp.2d 380 (1998)

LONG ISLAND SOUNDKEEPER FUND, INC., et al., Plaintiffs, State of Connecticut, Intervenor-Plaintiff, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION and Joel A. Miele, Commissioner, Defendants.

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

November 23, 1998.

Attorney(s) appearing for the Case

Karl S. Coplan, Pace Environmental Litigation Clinic, White Plains, NY, for the Plaintiffs.

Richard F. Webb on Behalf of, Richard Blumenthal Attorney General, For the State of Connecticut, Hartford, CT, for the Intervenor-Plaintiff.

Susan E. Amron, Jane Houdek, & Christopher King, On Behalf of Michael D. Hess, Corporation Counsel of the City of New York, New York City, for Defendants.

MEMORANDUM & ORDER

DEARIE, District Judge.

Plaintiffs bring this action pursuant to the citizen suit provision of the Clean Water Act ("CWA"), 33 U.S.C. § 1365, alleging defendants New York City Department of Environmental Protection ("DEP" or the "City") and Joel A. Miele, DEP's Commissioner, violated discharge permits issued by the New York State Department of Environmental Conservation ("DEC" or the "State"). Plaintiffs claim that DEP...

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