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CITY OF NEW YORK v. UNITED STATES DEPT. OF TRANSP.

No. 81 Civ. 1778 (ADS).

539 F.Supp. 1237 (1982)

The CITY OF NEW YORK, Plaintiff, and The State of New York, the Town of Brookhaven, and Sullivan County, Plaintiff-Intervenors, v. The UNITED STATES DEPARTMENT OF TRANSPORTATION and the Materials Transportation Bureau of the United States Department of Transportation, Defendants, and Commonwealth Edison Company, Consolidated Edison Company of New York, Georgia Power Company, Long Island Lighting Company, Northeast Utilities, Northern States Power Company, Pacific Gas and Electric Company, Power Authority of the State of New York, Public Service Electric and Gas Company, Southern California Edison Company, and Yankee Atomic Electric Company, Defendant-Intervenors.

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

May 5, 1982.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corp. Counsel for the City of New York by Stephen P. Kramer, Barry L. Schwartz, Alan D. Levine, New York City, for plaintiff City of New York.

Robert Abrams, Atty. Gen. of N. Y. by Ezra I. Bialik, Asst. Atty. Gen., New York City, for plaintiff-intervenor State of N. Y.

John S. Martin, Jr., U. S. Atty., S. D. N. Y. by Twila L. Perry, Asst. U. S. Atty., Douglas E. Crockett, Douglas Anderson, U. S. Dept. of Transp., New York City, for defendants.

LeBoeuf, Lamb, Leiby, & MacRae by Harry H. Voigt, Leonard M. Trosten, Mindy A. Buren, New York City, for defendant-intervenors and amici curiae.

Robert Cohen, Asst. Court Atty., for Sullivan County, Monticello, N. Y., for plaintiff-intervenor Sullivan County.

AMENDED OPINION

SOFAER, District Judge:

On January 19, 1981, the United States Department of Transportation ("DOT") published a "Final Rule" concerning the transportation of radioactive materials pursuant to its authority under the Hazardous Materials Transportation Act ("HMTA"), 49 U.S.C. §§ 1801-1812 (1976). The rule, scheduled to take effect on February 1, 1982, would permit the shipment by road throughout the nation of all types of radioactive...

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