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HUDSON RIVER FISHERMEN'S ASS'N v. CITY OF NEW YORK

No. 89 Civ. 2387 (CLB).

751 F.Supp. 1088 (1990)

HUDSON RIVER FISHERMEN'S ASSOCIATION, Plaintiff, v. The CITY OF NEW YORK, Harvey W. Schultz as Commissioner, New York City Department of Environmental Protection, Defendants and Third-party Plaintiffs, v. NEW YORK STATE DEPARTMENT OF HEALTH, New York State Disaster Preparedness Commission, and David Axelrod, M.D., as Commissioner, New York State Department of Health and Chairman, New York State Disaster Preparedness Commission, Third-party Defendants.

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

November 8, 1990.

Attorney(s) appearing for the Case

Robert F. Kennedy, Jr., Natural Resources Defense Council, White Plains, N.Y., for plaintiff.

Robin Levine and Ross Friedman, Law Dept. of the City of New York, New York City, for defendants.

William Caplow, Atty. Gen. of New York, New York City, for third-party defendants.

MEMORANDUM AND DECISION

BRIEANT, Chief Judge.

On April 11, 1989 the complaint in this action was filed as a "citizen suit" brought under Section 505 of the Clean Water Act 33 U.S.C. § 1365. Plaintiff seeks declaratory and injunctive relief to prevent the unlawful discharge by defendants without a permit, of pollutants into the West Branch Reservoir, a part of the Croton System, one of the three main water supply systems operated by the City of New York...

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