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CLEAN AIR MARKETS GROUP v. PATAKI

No. 00-CV-1738.

194 F.Supp.2d 147 (2002)

CLEAN AIR MARKETS GROUP, Plaintiff, v. George E. PATAKI, in his capacity as Governor of the State of New York; Maureen O'Donnell Helmer, in her capacity as Chairman of the New York State Public Service Commission; Thomas J. Dunleavy, in his capacity as a Commissioner of the New York State Public Service Commission; James D. Bennett, in his capacity as a Commissioner of the New York State Public Service Commission; Leonard A Weiss, in his capacity as a Commissioner of the New York State Public Service Commission; Neal N. Galvin, in his capacity as a Commissioner of the New York State Public Service Commission; Defendants.

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

April 9, 2002.

Attorney(s) appearing for the Case

Couch White, LLP, Attorneys for Plaintiff, Albany, Paul A. Feigenbaum, Esq.

Hunton & Williams, Attorneys for Plaintiff, Washington, DC, Norman W. Fichthorn, Esq., Allison D. Wood, Esq.

Hon. Eliot Spitzer, Attorney General of the State of New York, Attorney for Defendant Pataki, Albany, Robert M. Rosenthal, Esq., Ass't Attorney General.

Office of the General Counsel, Public Service Commission of the State of New York, Attorneys for the Public Service Commission Defendants, Albany, Carl Patka, Esq., Diane T. Dean, Esq., Ass't Counsels, of Counsel.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Clean Air Markets Group ("CAMG") challenges the facial constitutionality of New York's Air Pollution Mitigation Law as preempted by the Federal Clean Air Act under the Supremacy Clause and as violative of the Interstate Commerce Clause. Defendant Governor George E. Pataki ("Pataki") and the Public Service Commission...

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