TOWN OF SOUTHOLD v. WHEELER

Nos. 20-3188, 20-3189 August Term 2021.

48 F.4th 67 (2022)

TOWN OF SOUTHOLD, Plaintiff-Intervenor-Appellant. Rossana Rosado, in her official capacity as New York State Secretary of State, Basil Seggos, in his official capacity as Commissioner of the New York State Department of Environmental Conservation, State of New York, Plaintiffs-Appellants. County of Suffolk, Plaintiff-Intervenor, v. Andrew WHEELER, in his official capacity as Administrator of the United States Environmental Protection Agency, United States Environmental Protection Agency, Dennis Deziel, in his official capacity as Regional Administrator of United States Environmental Protection Agency Region 1, Defendants-Appellees. Connecticut Department of Energy and Environmental Protection, Defendant-Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 2, 2022.


Attorney(s) appearing for the Case

For Plaintiff-Intervenor-Appellant: Scott Kreppein , Devitt Spellman Barrett, LLP, Smithtown, NY.

For Plaintiffs-Appellants: Eric Del Pozo , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, and Anisha S. Dasgupta , Deputy Solicitor General, on the brief), for Letitia James , Attorney General of the State of New York, New York, NY.

For Defendants-Appellees: Sean P. Greene-Delgado , Assistant United States Attorney ( Varuni Nelson and Matthew Silverman , Assistant United States Attorneys, on the brief), for Mark J. Lesko , Acting United States Attorney for the Eastern District of New York, New York, NY.

For Defendant-Intervenor-Appellee: Robert D. Snook , Assistant Attorney General ( Clare Kindall , Solicitor General, on the brief), for William Tong , Attorney General of the State of Connecticut, Hartford, CT.

For Amici Curiae: Linda L. Morkan , Robinson & Cole LLP, Hartford, CT, for The Connecticut Port Authority, Connecticut Marine Trades Association, Connecticut Maritime Coalition, Cross Sound Ferry Services, Inc., Electric Boat Corporation, Lower Connecticut River Valley Council of Governments, Connecticut Metropolitan Council of Governments, New Haven Port Authority, Southeastern Connecticut Council of Governments, South Central Regional Council of Governments, Western Connecticut Council of Governments, as amici curiae in support of Defendants-Appellees.

Before: Livingston, Chief Judge, and Carney and Bianco, Circuit Judges.


Along the northern edge of "that slender riotous island which extends itself due east of New York," the aptly named Long Island, lies "the most domesticated body of salt water in the Western hemisphere, the great wet barnyard of Long Island Sound." F. SCOTT FITZGERALD, THE GREAT GATSBY 4-5 (Scribner 2004) (1925...

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