Natural Resources Defense Council, Inc. v. New York State Department of Environmental Conservation
District Court, S.D. New York
1Opinion of the Court
LASKER, District Judge.
This citizens’ suit, brought under § 304 of the Clean Air Act, 42 U.S.C. § 7604 (1982), by the Natural Resources Defense Council, Inc. and several New York area lung associations (collectively “NRDC”), concerns New York State’s responsibility to reduce the level of the pollutant ozone in the air we breathe. Ozone is one of the primary ingredients of the smog which often envelopes the New York metropolitan area. 1 Exposure to ozone can impair lung functions, reduce resistance to respiratory infections, and aggravate asthma, bronchitis, and emphysema. 2 NRDC charges that…
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