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IN THE MATTER OF NATURAL RESOURCES DEFENSE COUNCIL, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

54 A.D.3d 866 (2008)

864 N.Y.S.2d 486

In the Matter of NATURAL RESOURCES DEFENSE COUNCIL, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 16, 2008.

Ordered that the judgment is affirmed, with one bill of costs to the respondents, appearing separately and filing separate briefs.

The Port Authority of New York and New Jersey (hereinafter the Port Authority) operates John F. Kennedy International Airport (hereinafter JFK), which abuts Jamaica Bay. Pursuant to the federal Clean Water Act (see 33 USC § 1251 et seq.) and New York's State Pollution Discharge Elimination System (hereinafter SPDES)...

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