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BAKER v. DEPARTMENT OF ENVIRON. CONSERVATION

No. 85-CV-145.

634 F.Supp. 1460 (1986)

Ellis BAKER, Roger Durkin, Albert D. Hamblin, James Hull, Michael Kinnarney, Robert J. Kiliander, James Rafferty, Sr., Patrick Rafferty, Joseph Ross, Roger E. Petoff, James A. Porter, and Herbert R. Helms, Donald N. Bird, James R. Payne, Thomas J. Helms, Plaintiffs, v. DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF the STATE OF NEW YORK, Defendant. Adirondack Council, Sierra Club, Wilderness Society, American Wilderness Alliance, and Peaks Audubon Society, Intervenor-Defendants, Adirondack Mountain Club, Intervenor-Defendant.

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

May 16, 1986.

Attorney(s) appearing for the Case

Francis X. Wallace, Albany, N.Y., for plaintiffs; Nancy M. Maurer, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y., for defendant; Lawrence A. Rappoport, Associate Atty., of counsel.

Howard Fox, Sierra Club Legal Defense Fund, Washington, D.C., Peter Henner, Albany, N.Y., for Adirondack Council, et al.

Rosemary Nichols, Albany, N.Y., Sive, Pale & Riesel, New York City, for Adirondack Mountain Club; David Sive, of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

The plaintiffs have brought this action challenging title 6, section 196.4 of the Code, Rules and Regulations of the State of New York. N.Y.Admin.Code tit. 6, § 196.4 (1982). The challenged regulation prohibits the use of mechanically propelled vessels and aircraft on certain state-owned bodies of water located within the Adirondack State Park. The Adirondack Park contains a mixture of public and...

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