COALITION OF WATERSHED TOWNS v. U.S. E.P.A.

Docket Nos. 07-2449-ag (L), 07-3912-ag (Con).

552 F.3d 216 (2008)

The COALITION OF WATERSHED TOWNS, The Town of Hunter, New York, The Town of Roxbury, New York, The Town of Hamden, New York, Petitioners, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, and The New York State Department of Health, Richard M. Daines, M.D., as Commissioner of the New York State Department of Health, and The City of New York, Intervenors-Respondents.

United States Court of Appeals, Second Circuit.

Decided: December 29, 2008.


Attorney(s) appearing for the Case

Joseph F. Castiglione (Kevin M. Young, on the brief), Young, Sommer, Ward, Ritzenberg, Baker & Moore, LLC, Albany, NY, for Petitioners.

Caroline H. Wehling (Phyllis Feinmark, Chris Saporita, on the brief), United States Environmental Protection Agency, Washington, DC (Ronald J. Tenpas, Assistant Attorney General, John C. Cruden, Deputy Assistant Attorney General, and Stephen E. Crowley, Attorney, United States Department of Justice, Washington, DC, on the brief) for Respondent.

Philip M. Bein, Assistant Attorney General, Environmental Protection Bureau (Andrew M. Cuomo, Attorney General of the State of New York, Barbara D. Underwood, Solicitor General, Benjamin N. Gutman, Deputy Solicitor General, Monica Wagner, Assistant Solicitor General, and Katherine Kennedy, Special Deputy Attorney General on the briefs), Office of the Attorney General of the State of New York, Albany, NY, for Intervenor-Respondent New York State Department of Health.

Hilary Meltzer, Assistant Corporation Counsel (Michael A. Cardozo, Corporation Counsel of the City of New York, and Carrie Noteboom, on the brief), New York City Law Department, New York, NY, for Intervenor-Respondent City of New York.

Before: FEINBERG, CABRANES, and WESLEY, Circuit Judges.


PER CURIAM.

Petitioners are three towns in the Catskill and Delaware watershed region of New York State (the "Towns"). For many years, they actively negotiated with and litigated against New York City (the "City"), New York State (the "State"), and the United States Environmental Protection Agency (the "EPA") regarding the implementation of the Safe Drinking Water Act of 1974, 42 U.S.C. §§ 300f et seq. (the "SDWA"). They petition for review of two...

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