NO SPRAY COALITION, INC. v. CITY OF NEW YORK

Docket No. 00-9368.

252 F.3d 148 (2001)

NO SPRAY COALITION, INC., National Coalition against the Misuse of Pesticides, Inc., Disabled In Action, Inc., Save Organic Standards of New York by its President Howard Brandstein, Valerie Sheppard, Mitchel Cohen, Robert Lederman, and Eva Yaa Asantewaa, Plaintiffs-Appellants, v. The CITY OF NEW YORK, Rudolph Giuliani, as Mayor of the City of New York, The Department of Health of the City of New York, Neal Cohen, Commissioner of the Department of Health of the City of New York, The Office of Emergency Management of the City of New York, and Richard Sheirer, Commissioner of the Office of Emergency Management for the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: June 5, 2001.


Attorney(s) appearing for the Case

Karl S. Coplan, Pace Environmental Litigation Clinic, Inc., White Plains, NY (Christopher Rizzo, Joel R. Kupferman and Beth Wilson, on the brief), for Plaintiffs-Appellants.

George Gutwirth, Office of the Corporation Counsel of the City of New York, New York, NY (Michael D. Hess, Corporation Counsel of the City of New York and Francis F. Caputo, Assistant Corporation Counsel, on the brief), for Defendants-Appellees.

Before: JACOBS, PARKER and KATZMANN, Circuit Judges.


PER CURIAM:

In an effort to control West Nile Virus — a fatal, mosquito-borne disease — the City of New York last summer undertook an insecticide spraying program, and may renew that program in the summer of 2001. Plaintiffs appeal an order of the United States District Court for the Southern District of New York (Martin, J.), denying, inter alia, a preliminary injunction against the renewed spraying and dismissing their claim under the citizen suit...

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