BUILDING AND CONST. TRADES v. DOWNTOWN DEVELOP.

No. 04-4865-CV.

448 F.3d 138 (2006)

BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO, NEW YORK AND VICINITY, Plaintiff-Appellant, v. DOWNTOWN DEVELOPMENT, INC., Erie County Industrial Development Agency, and Krog Corporation, Defendants-Appellees, City of Buffalo, New York, Defendant.

United States Court of Appeals, Second Circuit.

Final Submission: April 19, 2006.

Decided: May 5, 2006.


Attorney(s) appearing for the Case

David J. Seeger, Buffalo, NY, for Plaintiff-Appellant.

Craig A. Slater, Harter, Secrest & Emery LLP, Buffalo, NY, for Defendant-Appellee Downtown Development, Inc.

Joseph D. Picciotti, Harris Beach LLP, (Laura W. Smalley, of counsel), Pittsford, NY, for Defendant-Appellee Krog Corporation.

Andrea Schillaci, Hurwitz & Fine, P.C., Buffalo, NY, for Defendant-Appellee Erie County Industrial Development Agency.

Before: McLAUGHLIN and SACK, Circuit Judges, and KOELTL, District Judge.


SACK, Circuit Judge.

This appeal primarily concerns standing under Article III of the Constitution and interpretation of the pre-suit requirements of the Resource Conservation and Recovery Act.

The plaintiff-appellant Building and Construction Trades Council of Buffalo, New York and Vicinity (the "Trades Council") appeals from a judgment of the United States District Court for the Western District of New York (John T. Elfvin, Judge) dismissing all claims...

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