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BATH PETROLEUM STORAGE, INC. v. SOVAS

No. 98CV347LEKRWS.

136 F.Supp.2d 52 (2001)

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.

March 21, 2001.

Attorney(s) appearing for the Case

John J. Privitera, McNamee, Lochner Law Firm, Albany, NY, W. Michael Holm, Jerry William Boykin, Womble, Carlyle Law Firm, McLean, VA, for Plaintiffs.

Kathleen Liston Morrison, Office of Attorney General, Albany, NY, Joseph S. Koczaja, State of New York, Department of Law, Albany, NY, for Defendants.

MEMORANDUM—DECISION AND ORDER

KAHN, District Judge.

Presently before the Court is Plaintiffs' motion for reconsideration. For the following reasons, Plaintiffs' motion is GRANTED.

I. BACKGROUND

A. Factual History

Plaintiffs own and operate a liquid petroleum gas ("LPG") storage facility in Bath, New York. As discussed in this Court's prior decisions, Plaintiffs received permission from defendant New York State...

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