NEW YORK COASTAL FISHERMEN'S v. DEPT. OF SANITATION

No. 90 Civ. 4721 (GLG).

772 F.Supp. 162 (1991)

NEW YORK COASTAL FISHERMEN'S ASSOCIATION, Plaintiff, v. NEW YORK CITY DEPARTMENT OF SANITATION, New York City Department of Environmental Protection, and the City of New York, Defendants.

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

August 21, 1991.


Attorney(s) appearing for the Case

Smith & Barbanes, Yonkers, N.Y. (Mary Barbanes and Elizabeth Barbanes, of counsel), for plaintiff.

Victor C. Kovner, Corp. Counsel of City of New York, New York City (Antonia Levine and Susan Kath, of counsel), for defendants.


OPINION

GOETTEL, District Judge:

This action concerns the limitations on a party's ability to institute a citizen suit to challenge violations of the Clean Water Act, 33 U.S.C. § 1251 et seq. (the "CWA"), when state authorities have already entered into two Orders on Consent with the parties responsible for the pollution.

I. FACTS

The sordid details of this bureaucratic and political nightmare are as follows.

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