NEW YORK v. BROWNER

No. 97-CV-1028.

50 F.Supp.2d 141 (1999)

State of NEW YORK, Plaintiff, and States of Connecticut and New Hampshire, Intervenor-Plaintiffs, v. Carol M. BROWNER, Administrator of the United States Environmental Protection Agency and the United States Environmental Protection Agency, Defendants.

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

June 1, 1999.


Attorney(s) appearing for the Case

Office of Attorney General, Department of Law, Albany, NY, for plaintiff State of New York.

United States Department of Justice, Environmental & Natural Resources Division, Washington DC, for defendants, Kim L. Simmons, J. Jared Snyder, of counsel.


MEMORANDUM — DECISION & ORDER

McAVOY, Chief Judge.

The State of New York brings this citizen suit pursuant to the Clean Air Act of 1990 (the "Act"), 42 U.S.C. § 7604, as amended, against defendants, the Environmental Protection Agency and its Administrator, seeking to compel them to perform their nondiscretionary duties under 42 U.S.C. § 7651 note, Clean Air Act Amendments ("CAAA"), 1990 Pub.L. 101-549, § 404, 104 Stat. 2632 (1990...

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