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CECOS INTERN., INC. v. JORLING

No. 87-CV-1186.

706 F.Supp. 1006 (1989)

CECOS INTERNATIONAL, INC. and Niagara Recycling, Inc., Plaintiffs, v. Thomas C. JORLING, as Commissioner of the New York State Department of Environmental Conservation, and the New York State Department of Environmental Conservation, Defendants, and City of Niagara Falls, County of Niagara, Great Lakes United, Lasalle and Niagara Demand, Campaign to Save Niagara, Ecumenical Task Force of the Niagara Frontier, and Society to Oppose Pollution In Towns, Defendants-Intervenors.

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

February 23, 1989.

Attorney(s) appearing for the Case

Rivkin Radler Dunne & Bayh, Chicago, Ill. (Warren S. Radler, Barbara Guibord, James P. Rigano, of counsel), Sugarman Wallace Manheim & Schoenwald, Syracuse, N.Y. (Charles Manheim, Timothy J. Perry, of counsel), for plaintiffs.

Robert Abrams, Atty. Gen. of the State of New York, Environmental Protection Bureau, New York City (Stuart Miller and John J. Privitera, Asst. Atty. Gen., of counsel), for Jorling and N.Y.S. Dept. of Environmental Conservation.

Milbank Tweed Hadley & McCloy, New York City (Joseph S. Genova, Brent K. Olsson, of counsel), for Concerned Citizens Organization.

Berle Kass & Case, New York City (Michael Gerrard, of counsel), for Niagara Co. and City of Niagara Falls.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

On August 24, 1987, plaintiffs, CECOS International, Inc. and Niagara Recycling, Inc. (collectively referred to herein as "CECOS"), commenced the present action seeking a declaratory judgment that § 27-1105 of the New York State Environmental Conservation Law ("ECL"), as amended on August 4, 1987 ("the new siting law"), violates the due process and equal protection clauses of the fourteenth amendment...

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