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CONNECTICUT EX REL. BLUMENTHAL v. CROTTY

Nos. 1:01-CV-1719(FJS/DRH), 1:99-CV-718(FJS/DRH).

180 F.Supp.2d 392 (2001)

The State of CONNECTICUT, ex rel. Richard BLUMENTHAL, Attorney General, Plaintiff, v. Erin CROTTY, Commissioner of Environmental Conservation, and Larry Johnson, Director, Department of Environmental Conservation, Division of Law Enforcement, Defendants. Vivian I. Volovar, Plaintiff, v. John P. Cahill, Commissioner of Environmental Conservation; Donald W. Brewer, Director, Department of Environmental Conservation, Division of Law Enforcement; Gordon Colvin, Director, Department of Environmental Conservation, Marine Resources Division; Richard Otterstadt; Gary Enright, Environmental Conservation Officer; and New York Department of Environmental Conservation, Defendants.

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

December 13, 2001.

Attorney(s) appearing for the Case

Office of Attorney General of the State of Connecticut (Mark P. Kindall, Asst. Atty. Gen., of counsel), Hartford, CT, for the State of Connecticut.

Office of Attorney General of the State of New York, Environmental Protection Bureau (Gregory J. Nolan, Asst. Atty. Gen., of counsel), New York City, for Erin M. Crotty, Larry Johnson, John B. Cahill, Donald W. Brewer, Gordon Colvin, Richard Otterstadt, Gary Enright, and the New York State Department of Environmental Conservation.

Purtill, Purtill & Pfeffer, P.C. (George M. Purtill, Esq., Seth Jacoby, Esq., of counsel), South Glastonbury, CT, for Vivian I. Volovar.

Debevoise & Plimpton (Steven S. Michaels, Esq., of counsel), New York City, for Amici Fishers Island Lobstermen's Association, Inc. and Fishers Island Conservancy, Inc.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

Presently before the Court are motions for a preliminary injunction in two actions, Connecticut v. Crotty, 1:01-CV-1719, and Volovar v. Cahill, 1:99-CV-718.1

The Court heard oral argument in support of, and in opposition to, these motions on December 10, 2001. At the close of argument, the Court reserved decision. The following...

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