NEW YORK v. UNITED STATES ENVIRONMENTAL PROTECTION

1:19-CV-1029.

525 F.Supp.3d 340 (2021)

State of NEW YORK; the New York State Department of Environmental Conservation; and Basil Seggos, as Commissioner of the New York State Department of Environmental Conservation, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; and Andrew R. Wheeler, as Administrator of the United States Environmental Protection Agency, Defendants, and General Electric Company, Intervenor, Defendant.

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

Signed March 11, 2021.


Attorney(s) appearing for the Case

HON. LETITIA JAMES , OF COUNSEL: BRITTANY M. HANER, ESQ. , Assistant Attorney General, JAMES C. WOODS, ESQ. , Assistant Attorney General, Attorney General for the State of New York, Attorneys for Plaintiffs, The Capitol, Albany, New York 12224.

HON. ANTOINETTE T. BACON , OF COUNSEL: JOHN D. HOGGAN, JR., ESQ. , Assistant United States Attorney, Acting United States Attorney for the Northern District of New York, Attorneys for Defendants the United States and Andrew R. Wheeler, 445 Broadway, Room 218, Albany, New York 12207.

OF COUNSEL: MEGHAN GREENFIELD, ESQ. , U.S. DEPARTMENT OF JUSTICE ENRD/EES, Attorneys for Defendants the United States and Andrew R. Wheeler, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044.

OF COUNSEL: SARAH A. BUCKLEY, ESQ. , U.S. DEPARTMENT OF JUSTICE ENRD, Attorneys for Defendants the United States and Andrew R. Wheeler, 4 Constitution Square, 150 M Street Northeast, Washington, District of Columbia 20002.

OF COUNSEL: DEAN S. SOMMER, ESQ. , KRISTIN CARTER ROWE, ESQ. , YOUNG, SOMMER LAW FIRM, Attorneys for Intervenor Defendant General Electric Company, Executive Woods, Five Palisades Drive, Albany, New York 12205.

OF COUNSEL: SAMUEL GUTTER, ESQ. , SAMUEL GUTTER, Attorneys for Intervenor Defendant General Electric Company, 10 Cape Codder Road, Apartment E, Falmouth, Massachusetts 02540.

OF COUNSEL: ERIC MERRIFIELD, ESQ. , ERIC MERRIFIELD, Attorneys for Intervenor Defendant General Electric Company, P.O. Box 2049, Pulsbo, Washington 98370.

OF COUNSEL: JAMES R. BIEKE, ESQ. , PETER D. KEISLER, ESQ. , TIMOTHY K. WEBSTER, ESQ. , SIDLEY, AUSTIN LAW FIRM — DC, Attorneys for Intervenor Defendant General Electric Company, 1501 K Street, Northwest, Washington, DC 20005.


MEMORANDUM-DECISION and ORDER

I. INTRODUCTION

It is difficult to overstate the importance of the Hudson River (the "Hudson" or the "river") to not only New York City, but to...

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