Central Hudson Gas & Electric Corp. v. United States Environmental Protection Agency

MESKILL, Circuit Judge:

Three public utilities1 and the Power Authority of the State of New York2 engaged in the generation and sale of electricity in New York have brought suit against the United States Environmental Protection Agency (“EPA”), the New York State Department of Environmental Conservation (“DENCON”) and officials of those bodies. The principal relief sought is a declaration that DENCON, rather than EPA, has jurisdiction over pending applications to discharge pollution into the Hudson River.3 The United States District Court for the Southern District of New York, Robert L.…