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CITY OF NEW YORK v. UNITED STATES E. P. A.

No. 80 Civ. 1677 (ADS).

543 F.Supp. 1084 (1981)

The CITY OF NEW YORK, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Douglas M. Costle as Administrator, United States Environmental Protection Agency, and Charles Warren as Regional Administrator, United States Environmental Protection Agency, Region II, Defendants.

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

August 26, 1981.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corp. Counsel of the City of New York; Thomas W. Bergdall, Stephen P. Kramer, Asst. Corporation Counsels, New York City, for plaintiff.

John S. Martin, Jr., U. S. Atty., S. D. N. Y., Peter R. Paden, Gaines Gwathmey, III, Asst. U. S. Attys., New York City, James W. Moorman, Asst. Atty. Gen., Land and Natural Resources Division; Bruce C. Rashkow, Rebecca A. Donnellan, Attys. U. S. Dept. of Justice, Washington, D. C., Diane L. Olsson, E. P. A., Washington, D. C., for defendants.

REVISED OPINION*

SOFAER, District Judge.

The City of New York dumps approximately 260 dry tons of sewage sludge each day into an area of the ocean known as the New York Bight Apex. The material dumped is the product of primary and secondary treatment of the City's sewage at various municipal sewage treatment facilities. The dumping is authorized by an interim permit issued by the Environmental Protection Administration ("EPA...

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