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NYS DEPT. OF ENV. CONS. v. U.S. DEPT. OF ENERGY

Nos. 89-CV-194 to 89-CV-197.

850 F.Supp. 132 (1994)

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION and Thomas C. Jorling, as Commissioner of the New York State Department of Environmental Conservation, Plaintiffs, v. UNITED STATES DEPARTMENT OF ENERGY and John S. Herrington, as Secretary of the United States Department of Energy; United States Department of Transportation, United States Coast Guard, James Burnley IV, as Secretary of the United States Department of Transportation, and Admiral Paul A. Yost, as Commandant of the United States Coast Guard; United States Department of the Army and John O. Marsh, Jr., as Secretary of the United States Department of the Army; and United States Department of the Air Force and Edward C. Aldridge, Jr., as Secretary of the United States Department of the Air Force, Defendants.

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

April 26, 1994.

Attorney(s) appearing for the Case

G. Oliver Koppell, Atty. Gen., Albany, NY (Joel F. Spitzer, Asst. Atty. Gen., of counsel), for plaintiffs.

U.S. Dept. of Justice, Environmental Defense Section, Environment and Natural Resources Div., Washington, DC (David M. Thompson, of counsel), for defendants.

MEMORANDUM-DECISION AND ORDER

INTRODUCTION

McCURN, Senior District Judge.

In January 1989, the New York State Department of Environmental Conservation ("NYDEC") commenced these four consolidated actions in New York State Supreme Court against the United States Department of Energy ("United States") as representative of ten federal facilities located in New York State which have been underpaying certain regulatory charges assessed against...

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