ELR Citation: ELR 20787
No(s). 93 Civ. 1145 (CLB) (S.D.N.Y. Mar 31, 1995)

The court holds that the Eleventh Amendment to the U.S. Constitution does not bar marina owners' Federal Water Pollution Control Act (FWPCA) citizen suit for damages and an injunction against a thruway authority and a municipality for alleged discharges of pollutants into a bay. The court first hold...