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BATH PETROLEUM STORAGE, INC. v. SOVAS

No. 98-CV-347(LEK/RWS).

78 F.Supp.2d 67 (2000)

BATH PETROLEUM STORAGE, INC. and E.I.L. Petroleum, Inc. Plaintiffs, v. Gregory H. SOVAS, individually and as Director of the Division of Mineral Resources, New York State Department of Environmental Conservation; Bradley J. Field, individually and as Acting Director of the Bureau of Oil and Gas Regulation, Division of Mineral Resources, New York State Department of Environmental Conservation; Thomas W. Pearson, individually, and as Regional Water Engineer, Region 8, Division of Water, New York State Department of Environmental Conservation; John Cahill, individually and as Commissioner of the New York State Department of Environmental Conservation; New York State Department of Environmental Conservation; and the State of New York, Defendants.

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

January 10, 2000.

Attorney(s) appearing for the Case

John J. Privitera, McNamee, Lochner Law Firm, Albany, NY, Ronald H. Sinzheimer, Office of Ronald H. Sinzheimer, Albany, NY, W. Michael Holm, Jerry William Boykin, Redmon, Boykin Law Firm, Alexandria, VA, for plaintiffs.

Kathleen Liston Morrison, Office of Atty. Gen., Albany, NY, for defendant.

MEMORANDUM — DECISION AND ORDER

KAHN, District Judge.

Plaintiffs, the owner and operator of an underground liquid petroleum gas storage facility, commenced this action seeking declaratory and injunctive relief. Presently before the Court is Defendants' motion to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim. For the reasons set forth below, Defendants' motion is granted.

I. BACKGROUND

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