Legal Opinion
Atlantic States Legal Foundation, Inc. v. Hamelin
District Court, N.D. New York
Decided August 22, 2001No. 5:99-CV-1077 (FJS/GJD)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
SCULLIN, Chief Judge.
I. INTRODUCTION
In a Complaint filed on July 12, 1999, Plaintiffs assert that Defendant violated Section 301 of the Clean Water Act (“CWA”), 33 U.S.C. § 1311(a), which requires that a National Pollutant Discharge Elimination System (“NPDES”) permit be obtained prior to discharging pollutants into navigable water, and Section 404 of the CWA, 33 U.S.C. § 1344, which requires that a permit be obtained prior to discharging dredge into a navigable waterway. Plaintiffs seek declaratory and in-junctive relief 1 as well as the imposition of civil…
2Cases cited27 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Sierra Club v. MortonSupreme Court of the United States · 1972
- United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973
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3Cited by5 opinions
- Borough of Upper Saddle River v. Rockland County Sewer District 1District Court, S.D. New York · 2014
- Michael S. June v. Town of Westfield, New York, and Village of Westfield, N.Y.Court of Appeals for the Second Circuit · 2004
- City of Newburgh v. SARNADistrict Court, S.D. New York · 2010
- Pitroff v USADistrict Court, D. New Hampshire · 2017
- United States v. SmithDistrict Court, E.D. New York · 2019