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CLEAN AIR MARKETS GROUP v. PATAKI

No. 02-7519, 02-7569.

338 F.3d 82 (2003)

CLEAN AIR MARKETS GROUP, Plaintiff-Appellee, v. George E. PATAKI, in his official capacity as Governor of the State of New York, Maureen O'Donnell Helmer, in her capacity as Chairman of the New York State Public Service Commission, Thomas J. Dunleavy, in his capacity as a Commissioner of the New York State Public Service Commission, James D. Bennett, in his capacity as a Commissioner of the New York State Public Service Commission, Leonard A. Weiss, in his capacity as a Commissioner of the New York State Public Service Commission, and Neal N. Gavin, in his capacity as a Commissioner of the New York State Public Service Commission, Defendants-Appellants,

United States Court of Appeals, Second Circuit.

Decided: August 1, 2003.

Attorney(s) appearing for the Case

PETER LEHNER, Assistant Attorney General (Robert Rosenthal, Assistant Attorney General, Denise A. Hartman, Assistant Solicitor General, and Caitlin J. Halligan, Solicitor General, of counsel; Eliot Spitzer, Attorney General, on the brief), Albany, NY, for Defendant-Appellant George E. Pataki.

DIANE T. DEAN, Assistant Counsel (Lawrence G. Malone, General Counsel, on the brief), Public Service Commission of the State of New York, Albany, NY, for Defendants-Appellants Helmer, Dunleavy, Bennett, Weiss, and Galvin.

NORMAN W. FICHTHORN (Allison D. Wood, on the brief) Hunton & Williams, Washington, D.C. for Plaintiff-Appellee.

Before: WINTER and CABRANES, Circuit Judges, and AMON, District Judge.

JOSÉ A. CABRANES, Circuit Judge.

Defendants appeal from an April 9, 2002 judgment of the United States District Court for the Northern District of New York (David N. Hurd, Judge) granting summary judgment to plaintiff-appellee Clean Air Markets Group ("CAMG"). The District Court held that New York's Air Pollution Mitigation Law, N.Y. Pub. Serv. L. § 66-k ("section 66-k"), is preempted by Title IV of the Clean Air Act Amendments of 1990 ("Title IV...

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