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MOTOR VEHICLE MFRS. ASS'N v. NEW YORK STATE DEC

No. 92-CV-869.

869 F.Supp. 1012 (1994)

The MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF the UNITED STATES, INC., and The Association of International Automobile Manufacturers, Inc., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, et al., Defendants, American Petroleum Institute Environmental Defense Fund, and New York State Electric & Gas, Intervenor-Defendants.

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

October 24, 1994.

Attorney(s) appearing for the Case

Kirkland, Ellis Law Firm, Washington, DC, for plaintiff American Auto. Mfgs.; Daniel F. Attridge, Gary E. Marchant, Stuart C. Drake, of counsel.

G. Oliver Koppell, Atty. Gen. of State of N.Y. State Dept. of Law Albany, NY, for defendants N.Y. State Dept. of Environmental Conservation; Joan Leary Matthews, Asst. Atty. Gen., Helene G. Goldberger, of counsel.

Morgan, Lewis Law Firm, Washington, DC, for defendants-intervenors American Petroleum Institute; William H. Lewis, Jr., of counsel.

Environmental Defense Fund, New York City, for defendants-intervenors; James T.B. Tripp, of counsel.

Huber, Lawrence Law Firm, New York City, for defendants-intervenors N.Y. State Elec. and Gas; Mathy V. Stanislaus, of counsel.

MEMORANDUM DECISION & ORDER

McAVOY, Chief Judge.

This decision and order addresses the only remaining count in this action by plaintiffs Motor Vehicle Manufacturers Association of the United States and The Association of International Automobile Manufacturers, Inc., against defendant New York State Department of Environmental Conservation (hereinafter DEC) and its Commissioner.

I. Background.1

Under...

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