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12317915604

12317915604

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Published by Jon Campbell

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Published by: Jon Campbell on Sep 25, 2012
Copyright:Attribution Non-commercial

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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF
NEW
YORK
---------------------------------------------------------------------)(
THE STATE OF NEW YORK,Plaintiff,-against-THE UNITED STATES ARMY CORPS OFENGINEERS; COLONEL CHRISTOPHER LARSEN,
in
his official capacity as Division Engineer, NorthAtlantic Division
of
he United States
Army
Corps
of
Engineers;
THE UNITED STATES FISH ANDWILDLIFE SERVICE; ROWAN
W.
GOULD,
in hisofficial capacity as Acting Director
of
he United StatesFish
and
Wildlife Service;
THE UNITED STATESNATIONAL PARK SERVICE; JONATHAN
B.
JARVIS,
in his official capacity as Director
of
heUnited States National
Park
Service;
THE UNITEDSTATES DEPARTMENT OF THE INTERIOR;KENNETH SALAZAR,
in his official capacity asSecretary
of
he United States Department
of
heInterior;
THE UNITED STATES ENVIRONMENTALPROTECTION AGENCY; LISA JACKSON,
in herofficial capacity as Administrator
of
he United StatesEnvironmental Protection Agency;
THE DELA WARERIVER BASIN; and CAROL COLLIER,
in her officialcapacity as Executive Director
of
he Delaware RiverBasin,
Defendants,-and-AMERICAN PETROLEUM INSTITUTE;INDEPENDENT PETROLEUM ASSOCIATION
OF
AMERICA; and
US
OIL
&
GAS ASSOCIATION,PutativeDefendant-Intervenors.
---------------------------------------------------------------------)(
IN
fJJK-~gICE
D
F
U S DISTRICT COURT
E.D.NY
*
SEP
2 4
2012
*
BROOKLYN
OFFICE
MEMORANDUM
&
ORDER
ll-CV-2S99
(NGG)
(eLP)
Case 1:11-cv-02599-NGG-CLP Document 97 Filed 09/24/12 Page 1 of 29 PageID #: 4099
 
---------------------------------------------------------------------)(
DAMASCUS CITIZENS FOR SUSTAINABILITY,INC.,Plaintiff,-against-THE UNITED STATES ARMY CORPS OFENGINEERS; COLONEL CHRISTOPHER LARSEN,
in his official capacity as Division Engineer, NorthAtlantic Division
of
he United States
Army
Corps
of
Engineers;
THE UNITED STATES FISH ANDWILDLIFE SERVICE;ROWAN
W.
GOULD,
in hisofficial capacity as Acting Director
of
he United StatesFish
and
Wildlife Service;
THE UNITED STATESNATIONAL PARK SERVICE; JONATHAN B.JARVIS,
in his official capacity as Director
of
heUnited States National Park Service;
THE UNITEDSTATES DEPARTMENT OF THE INTERIOR;KENNETH SALAZAR,
in his official capacity asSecretary
of
he United States Department
of
heInterior;
THE UNITED STATES ENVIRONMENTALPROTECTION AGENCY; LISA JACKSON,
in herofficial capacity as Administrator
of
he United StatesEnvironmental Protection Agency;
THE DELAWARERIVER BASIN; and CAROL COLLIER,
in her officialcapacity as Executive Director
of
he Delaware RiverBasin,
Defendants,-and-AMERICAN PETROLEUM INSTITUTE;INDEPENDENT PETROLEUM ASSOCIATION OFAMERICA; and US OIL
&
GAS ASSOCIATION,Putative Defendant-Intervenors.
---------------------------------------------------------------------)(
2
MEMORANDUM
&
ORDER
ll-CV-3857
(NGG)
(CLP)
Case 1:11-cv-02599-NGG-CLP Document 97 Filed 09/24/12 Page 2 of 29 PageID #: 4100
 
---------------------------------------------------------------------)(
DELA WARE RIVERKEEPER NETWORK; THEDELAWARE RIVERKEEPER; RIVERKEEPER, INC.;THE HUDSON RIVERKEEPER; and NATIONALPARKS CONSERVATION ASSOCIATION,Plaintiffs,-against-THE UNITED STATES ARMY CORPS OFENGINEERS; COLONEL CHRISTOPHER LARSEN,
in his official capacity as Division Engineer, NorthAtlantic Division
of
he United States
Army
Corps
of
Engineers;
THE DELA WARE RIVER BASINCOMMISSION; and CAROL COLLIER,
in her offiCialcapacity as Executive Director
of
he Delaware RiverBasin Commission,
Defendants,-and-AMERICAN PETROLEUM INSTITUTE;INDEPENDENT PETROLEUM ASSOCIATION OFAMERICA; and
US
OIL
&
GAS ASSOCIATION,Putative Defendant-Intervenors.
---------------------------------------------------------------------)(
NICHOLAS
G.
GARAUFIS, United States District Judge.
MEMORANDUM
&
ORDER
ll-CV-3780
(NGG)
(CLP)
Before the court are three suits, consolidated for pre-trial purposes only, betweenPlaintiffs
New
York State, Damascus Citizens for Sustainability, Inc., ("Damascus Citizens"),Delaware Riverkeeper Network, the Delaware Riverkeeper, Riverkeeper, Inc., the HudsonRiverkeeper, and the National Parks Conservation Association (collectively, the
"DRN
Plaintiffs") against Defendants the United States Army Corps
of
Engineers, Christopher Larsen,in his official capacity as Army Corps
of
Engineers Division Engineer, North Atlantic Division,
3
Case 1:11-cv-02599-NGG-CLP Document 97 Filed 09/24/12 Page 3 of 29 PageID #: 4101

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