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A.T.U.R.A. COALITION v. NYC DEPT. OF ENV. PROT.

No. 87 Civ. 4242(MEL).

709 F.Supp. 502 (1989)

ATLANTIC TERMINAL URBAN RENEWAL AREA COALITION, John Theodore Glick, Anne McClellan, Loraine Oliver, and Mildred Davis, Plaintiffs, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION; New York City Public Development Corporation; New York City Board of Estimate; Edward I. Koch; Harvey W. Schultz; New York City Planning Commission; Sylvia Deutsch; United States Environmental Protection Agency; William K. Reilly; United States Department of Housing and Urban Development; and Jack F. Kemp, Defendants.

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

April 17, 1989.

Attorney(s) appearing for the Case

Edward Copeland, Elizabeth St. Clair, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York City, for plaintiffs.

Benito Romano, Acting U.S. Atty., S.D. N.Y., New York City, for defendants U.S. Dept. of Housing and Urban Development and Jack F. Kemp, as Secretary, U.S. Dept. of Housing and Urban Development; Richard W. Mark, Asst. U.S. Atty., S.D.N.Y., of counsel.

LASKER, District Judge.

In a decision of September 29, 1988, the motion of the Department of Housing and Urban Development and its Secretary ("HUD") to dismiss the fourth claim of plaintiffs' complaint, charging it with violation of § 176(c) of the Clean Air Act ("CAA"), 42 U.S.C. § 7506(c), was denied without prejudice. Atlantic Terminal Urban Renewal Area Coalition v. New York City Dep't of Envtl. Protection, 697 F.Supp. 666

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