Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the first cause of action alleging violation of the Federal Water Pollution Control Act (33 USC § 1251 et seq.) and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The complaint alleges various causes of action based...
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