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MATTER OF RIVERKEEPER, INC. v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

533206.

207 A.D.3d 832 (2022)

172 N.Y.S.3d 755

2022 NY Slip Op 04336

In the Matter of Riverkeeper, Inc., Appellant, v. New York State Department of Environmental Conservation, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 7, 2022.

Attorney(s) appearing for the Case

Pace Environmental Litigation Clinic, Inc., White Plains ( Todd D. Ommen of counsel), for appellant.

Letitia James , Attorney General, Albany ( Elizabeth A. Brody of counsel), for respondent.

Sylvia O. Hinds-Radix , Corporation Counsel, New York City ( Nathan Taylor of counsel), for City of New York, amicus curiae.

Egan Jr., Clark, Aarons and McShan, JJ., concur.

The Clean Water Act (hereinafter CWA) was enacted "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters" (33 USC § 1251[a]). In passing the act, Congress expressly outlined a number of goals, including to have fishable and swimmable waters wherever attainable by 1983 (see 33 USC...

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