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ATLANTIC LEGAL STATES FOUNDATION v. BABBIT

No. 99-CV-1292.

83 F.Supp.2d 344 (2000)

ATLANTIC LEGAL STATES FOUNDATION, Plaintiff, v. Bruce BABBIT, as Secretary, United States Department of the Interior; The United States Department of the Interior; and the New York State Department of Environmental Conservation, Defendant.

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

February 8, 2000.

Attorney(s) appearing for the Case

Atlantic States Legal Foundation, Albany, New York, for plaintiff, Carl D. Dworkin, of counsel.

Office of the Attorney General, New York State Dept. of Law, The Capitol, for Defendant New York State, Lawrence A. Rappoport, of counsel.

Hon. Daniel J. French, Albany, New York, United States Attorney for the Northern District of New York, James C. Woods, AUSA, of counsel.

MEMORANDUM DECISION AND ORDER

MUNSON, Senior District Judge.

Currently before the court is defendant New York State Department of Environmental Conservation's ("NYSDEC") motion to dismiss, which plaintiff opposes, as well as plaintiff's cross-motion to amend, which NYSDEC opposes. For the reasons that follow, the court grants both motions.

BACKGROUND

Plaintiff, an environmental concern, brings this action to challenge defendant United States...

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