Town of Fallsburg v. United States

OPINION

BRUGGINK, Judge.

This case is before the court on the parties’ cross-motions for summary judgment. Plaintiff, Town of Fallsburg, New York, alleges that a Regional Administrator of the United States Environmental Protection Agency (“EPA”) abused his discretion by withholding Clean Water Act (“CWA”)1 grant funding due to the Town. Defendant counters that the Town’s failure to prevent the involvement of the Town Supervisor, who had a declared conflict of interest, from participating in the procurement, preparation or performance of a subagreement was sufficient grounds to withhold funds.…