NEW YORK v. U.S. ARMY CORPS OF ENGINEERS

No. 11-CV-2599 (NGG)(CLP), 11-CV-3857 (NGG)(CLP), 11-CV-3780 (NGG)(CLP).

896 F.Supp.2d 180 (2012)

The State of NEW YORK, Plaintiff, v. The UNITED STATES ARMY CORPS OF ENGINEERS; Colonel Christopher Larsen, in his official capacity as Division Engineer, North Atlantic Division of the United States Army Corps of Engineers; The United States Fish and Wildlife Service; Rowan W. Gould, in his official capacity as Acting Director of the United States Fish and Wildlife Service; The United States National Park Service; Jonathan B. Jarvis, in his official capacity as Director of the United States National Park Service; The United States Department of the Interior; Kenneth Salazar, in his official capacity as Secretary of the United States Department of the Interior; The United States Environmental Protection Agency; Lisa Jackson, in her official capacity as Administrator of the United States Environmental Protection Agency; The Delaware River Basin; and Carol Collier, in her official capacity as Executive Director of the Delaware River Basin, Defendants, and American Petroleum Institute; Independent Petroleum Association of America; and U.S. Oil & Gas Association, Putative Defendant-Intervenors. Damascus Citizens for Sustainability, Inc., Plaintiff, v. The United States Army Corps of Engineers; Colonel Christopher Larsen, in his official capacity as Division Engineer, North Atlantic Division of the United States Army Corps of Engineers; The United States Fish and Wildlife Service; Rowan W. Gould, in his official capacity as Acting Director of the United States Fish and Wildlife Service; The United States National Park Service; Jonathan B. Jarvis, in his official capacity as Director of the United States National Park Service; The United States Department of the Interior; Kenneth Salazar, in his official capacity as Secretary of the United States Department of the Interior; The United States Environmental Protection Agency; Lisa Jackson, in her official capacity as Administrator of the United States Environmental Protection Agency; The Delaware River Basin; and Carol Collier, in her official capacity as Executive Director of the Delaware River Basin, Defendants, and American Petroleum Institute; Independent Petroleum Association of America; and U.S. Oil & Gas Association, Putative Defendant-Intervenors. Delaware Riverkeeper Network; The Delaware Riverkeeper; Riverkeeper, Inc.; The Hudson Riverkeeper; And National Parks Conservation Association, Plaintiffs, v. The United States Army Corps of Engineers; Colonel Christopher Larsen, in his official capacity as Division Engineer, North Atlantic Division of the United States Army Corps of Engineers; The Delaware River Basin Commission; and Carol Collier, in her official capacity as Executive Director of the Delaware River Basin Commission, Defendants, and American Petroleum Institute; Independent Petroleum Association of America; and U.S. Oil & Gas Association, Putative Defendant-Intervenors.

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

September 24, 2012.


Attorney(s) appearing for the Case

Philip Bein , Andrew G. Frank , NYS Attorney General's Office, New York, NY, for The State of New York.

Sandra Lynn Levy , United States Attorneys Office, Brooklyn, NY, for Defendants.

Peter R. Steenland , Roger R. Martella , Joel F. Visser , Samuel Boxerman , Sidley Austin LLP, Benjamin Norris , American Petroleum Institute, Washington, DC, Steven Bierman , Alex Jason Kaplan , Sidney Austin LLP, New York, NY, for Putative Defendant-Intervenors.


MEMORANDUM & ORDER

NICHOLAS G. GARAUFIS, District Judge.

Before the court are three suits, consolidated for pre-trial purposes only, between Plaintiffs New York State, Damascus Citizens for Sustainability, Inc., ("Damascus Citizens"), Delaware Riverkeeper Network, the Delaware Riverkeeper, Riverkeeper, Inc., the Hudson Riverkeeper, and the National Parks Conservation Association (collectively, the "DRN Plaintiffs") against Defendants the United States...

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