United States v. County of Nassau

No. 90-6146 (2d Cir. July 16, 1990)

The court affirms a district court decision to enter a consent decree requiring a county to construct dewatering facilities at one of its sewage treatment plants. The county and the Environmental Protection Agency entered into a consent decree to phase out the county's ocean dumping of sewage sludge by the end of 1991, and the county sought modification based on its decision to use a private vendor that would reuse the sludge. The court refuses to modify the decree because the modification will not further the decree's purpose of ending ocean dumping without delay.

[The district court decision is published at 20 ELR 21056.]

Counsel for Defendant-Appellant
Leslie Gordon Fagen
Paul, Weiss, Rifkind, Wharton & Garrison
1285 Ave. of the Americas, New York NY 10019-6064
(212) 373-3000

Robert W. Schmidt, County Attorney of Nassau County
1 West St., Mineola NY 11501
(516) 535-3056

Counsel for Plaintiff-Appellee
Deborah B. Zwany, Ass't U.S. Attorney
Andrew J. Maloney, Robert L. Begleiter
U.S. Courthouse, 225 Cadman Plaza E., Brooklyn NY 11201
(718) 330-7106

Per Curiam (before Winter, Mahoney, and Walker, JJ.)

[20 ELR 21088]

Nassau County appeals from Judge Mishler's judgment of denial of the County's motion for modification of the August 2, 1989 Consent Decree and Enforcement Agreement requiring the County to construct dewatering facilities at one of its sewage treatment plants. Judge Mishler's opinion, familiarity with which is assumed, is reported at 733 F. Supp. 563 (E.D.N.Y. 1990). We believe that whether the standards governing modification of a consent decree are liberal or stringent, the [20 ELR 21089] grounds argued by the County as a basis for modification are wholly speculative and insubstantial. The effect of the modification requested, moreover, would undermine the purpose of the decree. We therefore affirm for substantially the reasons stated by Judge Mishler.