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CENT. HUDSON GAS & ELECTRIC CORP. v. U. S. ENVIRONMENTAL PROTECTION AGENCY

No. 77 Civ. 4870.

444 F.Supp. 628 (1978)

CENTRAL HUDSON GAS & ELECTRIC CORPORATION, Consolidated Edison Company of New York, Inc., Orange and Rockland Utilities, Inc., and Power Authority of the State of New York, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Douglas M. Costle, as Administrator, U.S. Environmental Protection Agency, Eckardt C. Beck, Regional Administrator, Region II, U.S. Environmental Protection Agency, New York State Department of Environmental Conservation, and Peter A. A. Berle, Commissioner, New York State Department of Environmental Conservation, Defendants, and Hudson River Fishermen's Association, Intervenor-Defendant.

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

February 10, 1978.

Attorney(s) appearing for the Case

Le Boeuf, Lamb, Leiby & MacRae, New York City, for plaintiffs; G. S. Peter Bergen, Robert J. Glasser, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for Federal defendants; Anne Sidamon-Eristoff, Asst. U. S. Atty., New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for State defendants; Paul S. Shemin, Asst. Atty. Gen., New York City, of counsel.

Butzel & Kass, New York City, for intervenor-defendant; Albert K. Butzel, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

This is a suit by four power utilities that challenges the jurisdiction of the United States Environmental Protection Agency ("EPA") with regard to certain National Pollution Discharge Elimination System permits ("NPDES permits") presently pending before the EPA.1 Plaintiffs' claim is that the EPA has been deprived of jurisdiction by virtue...

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