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CATSKILL CHAPTER, TROUT UNLIMITED v. NYC

Docket Nos. 03-7203(L), 03-7253(XAP).

451 F.3d 77 (2006)

CATSKILL MOUNTAINS CHAPTER OF TROUT UNLIMITED, INC., Theodore Gordon Flyfishers, Inc., Catskill-Delaware Natural Water Alliance, Inc., Federated Sportsmen's Clubs Of Ulster County, Inc. and Riverkeeper, Inc., Plaintiffs-Appellees-Cross-Appellants, v. CITY OF NEW YORK and New York City Department of Environmental Protection, Defendants-Third-Party-Plaintiffs-Appellants-Cross-Appellees, Joel A. Miele, Sr., Commissioner of the Department of Environmental Protection, Defendant-Appellant-Cross-Appellee, v. State of New York, New York State Department of Environmental Conservation, and Erin M. Crotty, Commissioner of the New York State Department of Environmental Conservation, Third-Party-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 13, 2006.

Attorney(s) appearing for the Case

Karl S. Coplan, Pace Environmental Litigation Clinic, Inc. (Kara E. Murphy, Legal Intern, on the brief), White Plains, NY, for Plaintiffs-Appellees-Cross-Appellants.

Hilary Meltzer, Assistant Corporation Counsel (Michael A. Cardozo, Corporation Counsel of the City of New York, William S. Plache, on the brief), New York, NY, for Defendants-Third-Party-Plaintiffs-Appellants-Cross-Appellees.

James M. Tierney, Assistant Attorney General (Eliot Spitzer, Attorney General of the State of New York, Michelle Aronowitz, Deputy Solicitor General, Peter H. Lehner, Chief, Environmental Protection Bureau, Gordon J. Johnson, Deputy Bureau Chief, Robert H. Easton, Assistant Solicitor General, on the brief), Albany, NY, for Third-Party-Defendants-Appellees.

Before WALKER, Chief Judge, OAKES and JACOBS, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

The City of New York ("the City") operates the Shandaken Tunnel ("Shandaken Tunnel" or "the Tunnel") as part of its water-management system that delivers drinking water to New York City and the immediate surrounding area. Water from the Tunnel, which is high in turbidity, discharges into the Esopus Creek ("Esopus Creek" or "the Creek"), a trout stream used for flyfishing and other recreational activities. The Catskill Mountains Chapter...

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