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NATURAL RESOURCES DEFENSE COUNCIL v. U.S. ARMY CORPS

No. 05 Civ. 762(SAS).

457 F.Supp.2d 198 (2006)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; Raritan Baykeeper, Inc.; Andrew Willner; and Greenfaith, Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS; and Col. Richard Polo, Jr., in his official capacity as Commander and District Engineer, United States Army Corps of Engineers, New York District, Defendants.

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

March 8, 2006.

Attorney(s) appearing for the Case

Mitchell Bernard, Lawrence Levine, Natural Resources Defense Council, New York, NY, for Plaintiffs.

Carter H. Strickland, Jr., Rutgers Environmental Law Clinic, School of Law, Newark, Newark, NJ, for Plaintiffs Raritan Baykeeper, Inc. and Andrew Willner.

Edward Scarvalone, Assistant United States Attorney, Southern District of New York, New York, NY, for the Government Defendants.

Daniel Mclnerney, Hill Rivkin & Hayden LLP, New York, NY, for Intervenor Donjon Marine, Inc.

Martin Domb, Hill, Betts & Nash, LLP, New York, NY, for Intervenor New York Container Terminal, Inc.

OPINION AND ORDER

SCHEINDLIN, District Judge.

                                   TABLE OF CONTENTS
I.    INTRODUCTION ............................................................202
II.   BACKGROUND...............................................................203
      A. August 5 Opinion .....................................................204
      B. Record Under Review During the Liability Phase........................204
      C. The...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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