CITY OF SYRACUSE v. ONONDAGA COUNTY

Docket No. 04-0718-cv.

464 F.3d 297 (2006)

CITY OF SYRACUSE, Syracuse Urban Renewal Agency, Defendants-Third-Party-Defendants-Appellants, v. ONONDAGA COUNTY and Onondaga County Department of Drainage and Sanitation, Defendants-Third-Party-Plaintiffs-Appellees, Atlantic States Legal Foundation, Inc., State of New York and Thomas C. Jorling, Commissioner of the New York State Department of Environmental Conservation, Plaintiffs, 2.3 Acres of Land in the City of Syracuse, NY, Defendant-Third-Party-Defendant.

United States Court of Appeals, Second Circuit.

Decided: September 21, 2006.


Attorney(s) appearing for the Case

Peter D. Carmen (David M. Garber, on the brief), MacKenzie Hughes LLP, Syracuse, NY, for Defendants-Third-Party-Defendants-Appellants.

Christina M. Pezzulo, (Anthony P. Rivizzigno, on the brief), Onondaga County Department of Law, Syracuse, NY, for Defendants-Third-Party-Plaintiffs-Appellees.

Before SACK, RAGGI and HALL, Circuit Judges.


HALL, Circuit Judge.

Almost twenty years ago, the Atlantic States Legal Foundation ("ASLF") initiated a Clean Water Act lawsuit against Onondaga County to force the County to clean up Onondaga Lake. The parties eventually signed an Amended Consent Judgment, which required the County to complete various sewer remediation projects in order to comply with state and federal law. The County proposed constructing one such facility on land owned by the City of Syracuse....

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