Docket No. 09-0097-cv.

600 F.3d 180 (2010)

PECONIC BAYKEEPER, INC., Kevin McAllister, Alfred Chiofolo, Plaintiffs-Appellants, v. SUFFOLK COUNTY, Suffolk County Department of Public Works, Division of Vector Control, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 30, 2010.

Attorney(s) appearing for the Case

Daniel E. Estrin, Pace Environmental Litigation Clinic, Inc., White Plains, N.Y. (Matthew R. Atkinson, Atkinson & Heffron LLP, of counsel), for Plaintiffs-Appellants.

Christopher A. Jeffreys, Assistant Suffolk County Attorney (Christine Malfi, Suffolk County Attorney, on the brief) Suffolk County Attorney's Office, Hauppage, NY, for Defendants-Appellees.

Before: CABRANES, PARKER, Circuit Judges, and CASTEL, District Judge.

CASTEL, District Judge:

Defendants Suffolk County and the Suffolk County Department of Public Works, Division of Vector Control (collectively, the "County") employ various measures to combat the spread of mosquito-borne illnesses, including the use of pesticides intended to kill adult mosquitoes in mid-flight. Plaintiffs Peconic Baykeeper, Inc., Kevin McAllister and Alfred Chiofolo contend that the County has violated the...

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