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ARBOR HILL CONCERNED CITIZENS NEIGHBORHOOD ASS'N v. CITY OF ALBANY

No. 02-CV-1016.

250 F.Supp.2d 48 (2003)

ARBOR HILL CONCERNED CITIZENS NEIGHBORHOOD ASOCIATION, Plaintiff, v. CITY OF ALBANY, NEW YORK; Gerald Jennings, in his official capacity as Mayor of Albany; Department of Development and Planning; George Leveille, in his official capacity as Commissioner of the Department of Development and Planning; Albany Community Development Agency; and Joseph Montana, in his official capacity as Director of the Albany Community Development Agency, Defendants.

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

March 17, 2003.

Attorney(s) appearing for the Case

Natural Resources Defense Council, Inc., Attorneys for Plaintiff, New York City, Michelle B. Alvarez, Nancy S. Marks, Lawrence M. Levine, Of Counsel.

Marc S. Gerstman, Albany, NY, Gary S. Bowitch, Castleton-on-Hudson, NY, for Plaintiff.

Nixon Peabody, LLP, Attorneys for Defendants, Albany, NY, Sheri L. Moreno, Frank L. Amoroso, Robert S. McEwan, Of Counsel.

Office of Corporation Counsel, City of Albany, Department of Law, Albany, NY, Gary F. Stiglmeier, Of Counsel.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Arbor Hill Concerned Citizens Neighborhood Association ("plaintiff), pursuant to the Toxic Substances Control Act ("TSCA"), 15 U.S.C. § 2619(a)(1)(B), brought suit against defendants, alleging various violations of federal regulations governing lead-based paint activities, see infra,

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