Legal Opinion

Friends of the Earth v. Wilson

District Court, S.D. New York

Decided December 16, 1974No. 74 Civ. 4500 KTDPublishedCited by 4 opinions

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

  1. Checker Motors Corporation v. Chrysler Corporation and Chrysler Motors Corporation, Checker Taxi Company, Inc., Additional on CounterclaimCourt of Appeals for the Second Circuit · 1969
  2. 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
  3. Unicon Management Corp. v. Koppers Co.Court of Appeals for the Second Circuit · 1966
  4. Gresham v. ChambersCourt of Appeals for the Second Circuit · 1974
  5. United States v. Adler's Creamery, Inc.Court of Appeals for the Second Circuit · 1939

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Friends of the Earth v. Hugh CareyCourt of Appeals for the Second Circuit · 1976
  2. United States v. PriceDistrict Court, D. New Jersey · 1983
  3. Friends of the Earth v. CareyDistrict Court, S.D. New York · 1975
  4. Friends of the Earth v. CareyDistrict Court, S.D. New York · 1977

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API