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STATE v. GORSUCH

No. 81 Civ. 6678 (WCC).

554 F.Supp. 1060 (1983)

The STATE of New York, Plaintiff, v. Ann GORSUCH, as Administrator of the United States Environmental Protection Agency, Defendant.

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

January 12, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for plaintiff; Marcia J. Cleveland, Mary L. Lyndon, James Periconi, Asst. Attys. Gen., New York City, of counsel.

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for defendant; Gaines Gwathmey, III, Asst. U.S. Atty., New York City, Jose R. Allen, Atty., Dept. of Justice, Christopher C. Herman, Atty., E.P.A., Washington, D.C., of counsel.

OPINION AND ORDER

CONNER, District Judge:

Plaintiff the State of New York ("New York") brought this action against defendant the Administrator of the United States Environmental Protection Agency (the "EPA" or "Agency") pursuant to § 304(a)(2) of the Clean Air Act (the "Act"), 42 U.S.C. § 7604(a)(2),1 seeking a declaration that the Administrator has failed to perform the nondiscretionary duty imposed upon her by §...

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