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

Docket No. 02-9484.

351 F.3d 602 (2003)

NO SPRAY COALITION, INC., National Coalition Against the Misuse of Pesticides, Inc., Disabled in Action, Inc., Save Organic Standards New York, Valerie Sheppard, Mitchell J. Cohen, Robert Lederman, Eva Yaa Asantewaa, Plaintiff-Appellants, v. CITY OF NEW YORK, Michael Bloomberg, the Department of Health of the City of New York, Thomas Frieden, The Office of Emergency Management of the City of New York, John Thomas Odermatt, Defendant-Appellees, Aquatic Pesticide Coalition, American Mosquito Control Association, Movants.

United States Court of Appeals, Second Circuit.

Decided: December 9, 2003.


Attorney(s) appearing for the Case

KARL S. COPLAN (Joel R. Kupferman and Christine N. Simmons, on the brief), Pace Environmental Litigation Clinic, White Plains, N.Y., for Appellant.

INGA VAN EYSDEN (Susan E. Amron and Mark P. McIntyre, on the brief), Office of the Corporation Counsel of the City of New York, New York, N.Y., for Appellees.

Before: LEVAL and SACK, Circuit Judges, and KORMAN, District Judge.


LEVAL, Circuit Judge.

Plaintiffs, a coalition of environmental groups and individuals, brought a citizen suit under the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq., to enjoin the City of New York from spraying insecticide in a manner causing the pollution of navigable waters without a permit. The Clean Water Act forbids discharge of a pollutant into the navigable waters of the United States without a permit issued under the terms of the Act. The...

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