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State v. N.Y. Auth., Port of

Citation: 2 ELR 20080
64 Misc. 2d 563/3 ERC 1353/315 N.Y.S.2d 9, (N.Y. Sup. Ct., 10/05/1970)

The public policy of New York, as embodied in the Public Health Law, forbids the discharge of fuel and oil into Jamaica Bay at the Kennedy Airport. It is no defense that the airport is only one of many polluters, nor that abatement will be difficult, nor that the problem is now being studied by a committee of the National Academy of Sciences. However, since issuing an injunction immediately would force the airport to close, the court may ask the parties to agree upon reasonable prohibitions and to appear within thirty days for a further hearing.

Counsel for Plaintiffs
Louis J. Lefkowitz Attorney General
Thomas F. Harrison
Philip Weinberg Assistant Attorneys General
Office of the Attorney General
Albany, New York

Counsel for Defendant
Sidney Goldstein
General Counsel
Port of New York Authority
New York, N.Y.