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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. FOX

No. 94 Civ. 8424 (PKL).

909 F.Supp. 153 (1995)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; Environmental Defense Fund, Inc.; Alan G. Hevesi, Plaintiffs, v. Jeanne FOX, Regional Administrator, United States Environmental Protection Agency, Region II; Carol Browner, Administrator, United States Environmental Protection Agency; United States Environmental Protection Agency, Defendants.

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

December 11, 1995.

Attorney(s) appearing for the Case

Mark A. Izeman and Eric A. Goldstein, Natural Resources Defense Council, Inc., New York City, for Plaintiffs Natural Resources Defense Council, Inc. and Environmental Defense Fund, Inc.

Alan G. Hevesi, Plaintiff, New York City, pro se.

Mary Jo White, United States Attorney for the Southern District of New York, New York City, for Defendants (William J. Hoffman, of counsel).

OPINION AND ORDER

LEISURE, District Judge:

This is an action (i) under the Clean Water Act based on the alleged failure of the Administrator of the Environmental Protection Agency (the "EPA") to perform a non-discretionary duty, and (ii) under the Administrative Procedure Act based on allegedly arbitrary and capricious action by the EPA. Both sides have moved for partial summary judgment on the issue of liability. Ultimately, plaintiffs want the EPA...

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