SOUTH BRONX COALITION FOR CLEAN AIR v. CONROY

No. 98 Civ. 4404(AGS).

20 F.Supp.2d 565 (1998)

THE SOUTH BRONX COALITION FOR CLEAN AIR, INC. d/b/a South Bronx Clean Air Coalition, Business Labor and Community Coalition, Inc., Urban Environmental Alliance, Inc., Cherry Tree Association, Inc. and New York City Environmental Justice Alliance, Plaintiffs, v. E. Virgil CONROY as Chairman and President of the Metropolitan Transportation Authority and of the New York City Transit Authority and Manhattan Bronx Surface Transit Operating Authority, and of the Long Island Railroad, Hon. George Pataki, as Governor of the State of New York, Joseph H. Boardman as Commissioner of the New York State Department of Transportation, the New York State Urban Development Corp., John Cahill as Commissioner, New York State Department of Environmental Conservation, Hon Carol M. Browner as administrator of the United States Environmental Protection Agency, Hon. Rodney Slater as United States Secretary of Transportation, Harlem River Yard Ventures, Inc. the New York Post Company, Inc. and USA Waste, Inc., Defendants.

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

September 8, 1998.


Attorney(s) appearing for the Case

John F. McHugh, Elisa Barnes, McHugh & Sherman, New York City, for Plaintiffs.

Richard G. Leland, Jeffrey L. Braun, Karen Leo, Rosenman & Colin LLP, New York City, Clifford Thau, Squadron, Ellenoff, Plesent & Sheinfeld, LLP, New York City, David Paget, Lemuel M. Srolovic, Sive, Paget & Riesel, P.C., New York City, Frank L. Amoroso, Nixon Hargrave Devans & Doyle LLP, Garden City, NY, Norman Spiegel, Asst. Atty. General of State of New York, New York City, Ramon E. Ryes, Jr., Asst. U.S. Atty., U.S. Attorney's Office, New York City, Anthony P. Semancik, Metropolitan Transportation Authority, Deputy General Counsel, New York City, for Defendants.


OPINION AND ORDER

SCHWARTZ, District Judge.

This case is before the Court on plaintiffs' motion for a preliminary injunction and defendants' cross-motions to dismiss the complaint.

BACKGROUND

I. The Parties

The plaintiffs are:

(1) The South Bronx Coalition for Clean Air, Inc. ("South Bronx Coalition"), a not-for profit corporation owned by...

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