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PECONIC BAYKEEPER, INC. v. SUFFOLK COUNTY

No. CV 04-4828(ADS).

585 F.Supp.2d 377 (2008)

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

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

November 17, 2008.

Attorney(s) appearing for the Case

Matthew R. Atkinson, Riverhead, NY, Pace Environmental Litigation Clinic, by Karl Stephen Coplan, Esq., Of Counsel, White Plains, NY, for Plaintiffs.

Christine Malafi, Suffolk County Attorney, by Christopher A. Jeffreys, Assistant County Attorney, Christopher M. Gatto, Assistant County Attorney, Hauppauge, NY, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Under the provisions of the Clean Water Act, it is unlawful to discharge "pollutants" in the waters of the United States without an appropriate permit. As stated by the Second Circuit in No Spray Coalition, Inc., et al v. City of New York, et al., 351 F.3d 602, 604 (2d Cir.2003): "The Clean Water Act is a regulatory statute designed

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