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New York v. Browner

Citation: 29 ELR 21417
No. No. 97-CV-1028, 50 F. Supp. 2d 141/(N.D.N.Y., 06/01/1999)

The court holds that the U.S. Environmental Protection Agency's (EPA's) Acid Deposition Standard Feasibility Study Report to Congress complied with the Clean Air Act's (CAA's) mandate that it include a description of the nature and numerical value of deposition standards that would be sufficient to protect sensitive and critically sensitive aquatic and terrestrial resources. The court first holds that according to the CAA's plain language and legislative history, CAA § 404(2) required the report to include a careful examination of the essential and nonessential qualities of a deposition standard or standards necessary to protect sensitive aquatic and terrestrial resources. The CAA, however, did not require the report to actually set acid deposition standards. The court next holds that the report complied with the CAA's mandate by describing the nature and numerical value of a deposition standard sufficient to protect sensitive and critically sensitive aquatic and terrestrial resources.

Counsel for Plaintiff
William M. Flynn
Attorney General's Office
State Capitol, Albany NY 12224
(518) 474-7330

Counsel for Defendants
Kim L. Simmons
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000