UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, EX REL. MCKEOWN v. PORT AUTHORITY OF N.Y. & N.J.

No. 00 Civ. 0714(WHP).

162 F.Supp.2d 173 (2001)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, ex rel., Kevin MCKEOWN and No More Tolls, Plaintiffs, v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Robert Boyle, Executive Director; the New York State Thruway Authority, John R. Platt, Executive Director; the Metropolitan Transportation Authority, E. Virgil Conway, Chairman; the New Jersey Turnpike Authority, James Weinstein, Commissioner; Frank X. McDermott, Chairman; the Garden State Parkway Authority, Joseph E. Buckelew, Chairman; the Maryland Transportation Authority, John D. Porcari, Secretary; the Delaware River and Bay Authority, Michael Harkins, Executive Director; the Delaware Transportation Authority, and Anne P. Canby, Secretary, Defendants.

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

March 30, 2001.


Attorney(s) appearing for the Case

Mr. Kevin McKeown, No More Tolls, Washington, D.C., Arthur P. Berg, New York, NY, for defendants the Port Authority of New York and New Jersey and Robert Boyle.

Norman Spiegel, Assistant Attorney General, Environmental Protection Bureau, New York, NY, for defendants the New York State Thruway Authority and John R. Platt.

Anthony P. Semancik, Deputy General Counsel, New York, NY, for defendants Metropolitan Transportation Authority and Virgil Conway.

Stuart M. Lederman, Riker, Danzig, Scherer, Hyland & Perretti, LLP, Morristown, NJ, for defendants the New Jersey Turnpike Authority, James Weinstein and Frank X. McDermott.

Cecelia E. Haney, Andrew Bayer, DeCotiis, Fitzpatrick & Gluck, LLP, Teaneck, NJ, for defendants the Garden State Parkway Authority and Joseph E. Buckelew.

Deborah A. Donohue, Assistant Attorney General, Baltimore-Washington International Airport, MD, for defendants the Maryland Transportation Authority and John D. Porcari.

Frederick H. Schranck, Deputy Attorney General, Dover, DE, for defendant the Delaware Transportation Authority and Anne P. Canby.


MEMORANDUM AND ORDER

PAULEY, District Judge.

Plaintiffs Kevin McKeown ("McKeown") and his organization No More Tolls (collectively "plaintiffs") commenced this pro se citizen's suit against defendants, state authorities and officials responsible for operating toll roads, bridges and tunnels in New York, New Jersey, Delaware and Maryland, alleging that they operate and maintain toll booth facilities in violation of the Clean Air Act, 42 U.S...

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