POGLIANI v. U.S. ARMY CORPS OF ENGINEERS

No. 1:01-CV-0951.

166 F.Supp.2d 673 (2001)

Walter POGLIANI, Jacqueline Dunn, Stephen Dunn, Robert H. Boyle, Dimitri Sevastolpoulo, Ian Nitschke, and Stand Together Oppose Power Plant ("S.T.O.P.P."), Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant. Athens Generating Company, L.P., Proposed Intervenor-Defendant.

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

August 10, 2001.


Attorney(s) appearing for the Case

Kenneth F. McCallion, Esq., (of counsel) McCallion & Associates, L.L.P., New York City, for Plaintiffs.

Joseph A. Pavone, United States Attorney, Diane J. Cagino, Esq., Assistant U.S. Attorney (of counsel) Albany, NY.

Ruth E. Leistensnider, Esq., Sherri Littlefield Moreno, Esq., (of Counsel) Nixon Peabody, L.L.P., Albany, NY, for Proposed Intervenor Athens Generating Company.


MEMORANDUM-DECISION AND ORDER

MORDUE, District Judge.

I. INTRODUCTION

On June 13, 2001, plaintiffs, concerned citizens and/or property owners in or near the Town of Athens, New York, filed a complaint seeking to permanently enjoin defendant, the United States Army Corps of Engineers ("the Army Corps"), from issuing a permit to proposed intervenor, Athens Generating Company ("Athens Generating"), for construction of a 1080 megawatt gas-fired power...

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