Friends of the Earth v. Wilson
District Court, S.D. New York
1Opinion of the Court
OPINION AND ORDER
KEVIN THOMAS DUFFY, District Judge.
This is an action brought to obtain a mandatory injunction requiring the various defendants to comply with an air quality implementation plan. 42 C.F.R. § 52.1683. The plan was submitted to and approved by the Environmental Protection Administration (hereinafter “USEPA”) as required by the 1970 Amendments to the Clear Air Act. 42 U.S.C. §§ 1857c-2 and 1857e-5.
The State and City, in their papers, argue that they are in compliance with the plan. Moreover, they urge that I should dismiss the complaint under the doctrine of primary jurisdiction…
2Cases cited6 opinions
- Checker Motors Corporation v. Chrysler Corporation and Chrysler Motors Corporation, Checker Taxi Company, Inc., Additional on CounterclaimCourt of Appeals for the Second Circuit · 1969
- Securities and Exchange Commission v. Martin Frank, and Nylo-Thane Plastics Corp., Maurice Minuto, Olanda Minuto, Louis Braunston, Leonard FreedmanCourt of Appeals for the Second Circuit · 1968
- Unicon Management Corp. v. Koppers Co.Court of Appeals for the Second Circuit · 1966
- Gresham v. ChambersCourt of Appeals for the Second Circuit · 1974
- United States v. Adler's Creamery, Inc.Court of Appeals for the Second Circuit · 1939
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3Cited by4 opinions
- Friends of the Earth v. Hugh CareyCourt of Appeals for the Second Circuit · 1976
- United States v. PriceDistrict Court, D. New Jersey · 1983
- Friends of the Earth v. CareyDistrict Court, S.D. New York · 1975
- Friends of the Earth v. CareyDistrict Court, S.D. New York · 1977