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U.S. v. CITY OF NIAGARA FALLS

No. CIV-81-363C.

706 F.Supp. 1053 (1989)

UNITED STATES of America, The State of New York, and Thomas C. Jorling, Commissioner of the Department of Environmental Conservation of the State of New York, Plaintiffs, v. The CITY OF NIAGARA FALLS, Defendant, The Industrial Liaison Committee of the Niagara Falls Area Chamber of Commerce, Defendant-Intervenor.

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

March 1, 1989.

Attorney(s) appearing for the Case

United States Dept. of Justice (Barbara A. Finamore, Alan Morrissey, and George Shanahan, of counsel), Washington, D.C., for United States of America.

Robert Abrams, Atty. Gen. of the State of N.Y. (Joel F. Spitzer, Asst. New York State Atty. Gen., Environmental Protection Bureau, of counsel), Albany, N.Y., for plaintiff State of N.Y.

Berle, Kass & Case (Michael B. Gerrard, of counsel), New York City and Carl E. Mooradian, Corp. Counsel of the City of Niagara Falls, for defendant City of Niagara Falls.

Whiteman, Osterman & Hanna (John Hanna, Jr., and Philip H. Dixon, of counsel), Albany, N.Y., for defendant-intervenor Industrial Liaison Committee.

CURTIN, District Judge.

By order dated December 7, 1987, this court granted plaintiffs' motion for partial summary judgment finding that the discharge of untreated dry weather flows from the Falls Street Tunnel [FST] into the Niagara River constituted a violation by defendant of the Clean Water Act, 33 U.S. C. § 1251 et seq., and its 1975 National Pollutant Discharge Elimination System [NPDES] permit, and ordered defendant to remedy that violation by abating...

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