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NATURAL RESOURCES DEFENSE COUNCIL v. U.S. E.P.A.

No. 92-CV-1494 DRH.

797 F.Supp. 194 (1992)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Plaintiff, City of New York and State of New York Intervenor-Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; and William K. Reilly, as Administrator of the United States Environmental Protection Agency, Defendants.

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

July 6, 1992.

Attorney(s) appearing for the Case

Katherine Kennedy, Nancy S. Marks, Turner R. Odell, Jr. and James F. Simon, New York City and David Doniger, Natural Resources Defense Council, Inc., Washington, D.C., for plaintiff Natural Resources Defense Council, Inc.

O. Peter Sherwood, Corp. Counsel of the City of New York, New York City Law Dept., New York City by Peter H. Lehner, Asst. Corp. Counsel, for plaintiff City of New York.

Robert Abrams, New York State Dept. of Law, Albany, N.Y. by Joan Leary Matthews and Helene G. Goldberger, Asst. Attys. Gen., for plaintiff New York State.

Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y. by Stanley N. Alpert, Asst. U.S. Atty., Craig D. Galli, U.S. Dept. of Justice, Environmental and Natural Resources Div., Environmental Defense Section, and Sara Schneeberg, U.S. E.P.A., Office of Gen. Counsel, Washington, D.C., for defendants.

MEMORANDUM AND ORDER

HURLEY, District Judge.

The above-captioned action is a citizens' suit under the federal Clean Air Act. Plaintiffs, Natural Resources Defense Counsel, Inc., the City of New York and the State of New York challenge the failure of defendant United States Environmental Protection Agency ("EPA") to issue requirements concerning motor vehicle inspection and maintenance programs ("I/Ms"), as mandated by Congress. Currently before the Court...

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