Legal Opinion
Farmers Against Irresponsible Remediation (FAIR) Ex Rel. Hanehan v. United States Environmental Protection Agency
District Court, N.D. New York
Decided September 20, 2001No. 01CV1183(LEK)(DEP)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM — DECISION AND ORDER
KAHN, District Judge.
Presently before the Court are Plaintiffs’ motion for a preliminary injunction and Defendants’ cross motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons set forth below, Plaintiffs’ motion is DENIED and Defendants’ motion is GRANTED in part and DENIED in part.
I. Background
A. Factual Background Regarding Hudson River Contamination
From approximately 1940 until 1977, the General Electric Company (“GE”) owned and operated two capacitor power plants located in Fort Edward and Hudson Falls, New…
2Cases cited28 opinions
- Cornelius v. NAACP Legal Defense & Educational Fund, Inc.Supreme Court of the United States · 1985
- Block v. Community Nutrition InstituteSupreme Court of the United States · 1984
- Thomson v. GaskillSupreme Court of the United States · 1942
- Exxon Corp. v. HuntSupreme Court of the United States · 1986
- General Electric Company v. Litton Industrial Automation Systems, Inc. And Litton Industries, Inc.Court of Appeals for the Eighth Circuit · 1990
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3Cited by3 opinions
- General Electric Co. v. WhitmanDistrict Court, District of Columbia · 2003
- Jach v. American UniversityDistrict Court, District of Columbia · 2003
- Smith Ex Rel. New York Metro Area Postal Union v. PotterDistrict Court, S.D. New York · 2002