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SOUTH BRONX COALITION FOR CLEAN AIR v. CONROY

September 8, 1998

THE SOUTH BRONX COALITION FOR CLEAN AIR, INC. d/b/a SOUTH BRONX CLEAN AIR COALITION, THE BUSINESS LABOR AND COMMUNITY COALITION, INC., THE URBAN ENVIRONMENTAL ALLIANCE, INC., THE CHERRY TREE ASSOCIATION, INC. AND THE NEW YORK CITY ENVIRONMENTAL JUSTICE ALLIANCE, Plaintiffs, -
v.
- E. VIRGIL CONROY as Chairman and President of the METROPOLITAN TRANSPORTATION AUTHORITY and of the NEW YORK CITY TRANSIT AUTHORITY and MANHATTAN BRONX SURFACE TRANSIT OPERATING AUTHORITY, and of the LONG ISLAND RAILROAD, Hon. GEORGE PATAKI, as Governor of the STATE OF NEW YORK, JOSEPH H. BOARDMAN as Commissioner of the NEW YORK STATE DEPARTMENT OF TRANSPORTATION, the NEW YORK STATE URBAN DEVELOPMENT CORP., JOHN CAHILL as Commissioner, New York State DEPARTMENT OF ENVIRONMENTAL CONSERVATION, HON CAROL M. BROWNER as administrator of the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, HON. RODNEY SLATER as UNITED STATES SECRETARY OF TRANSPORTATION, HARLEM RIVER YARD VENTURES, INC. THE NEW YORK POST COMPANY, INC. and USA WASTE, INC. Defendants.



The opinion of the court was delivered by: SCHWARTZ

OPINION AND ORDER

 ALLEN G. SCHWARTZ, DISTRICT JUDGE:

 This case is before the Court on plaintiffs' motion for a preliminary injunction and defendants' cross-motions to dismiss the complaint.

 BACKGROUND

 I. The Parties

 The plaintiffs are:

 (1) The South Bronx Coalition for Clean Air, Inc. ("South Bronx Coalition"), a not-for profit corporation owned by residents of the South Bronx;

 (2) The Urban Environmental Alliance, a public interest environmental organization;

 (3) The Business Labor Community Coalition, a public interest environmental organization;

 (4) The Cherry Tree Association, Inc., a public interest environmental organization;

 (5) The New York City Environmental Justice Alliance, tax-exempt New York corporation organized "to combat environmental racism through advocacy on behalf of low-income neighborhoods and communities of color."

 The defendants are:

 (1) New York Post Holdings, Inc. (the "Post");

 (2) Harlem River Yard Ventures, Inc. ("HRYV");

 (3) Metropolitan Transportation Authority, the New York City Transit Authority, the Manhattan and Bronx Surface Transit Operating Authority, the Long Island Railroad Company, and E. Virgil Conway (collectively "MTA");

 (4) Empire State Urban Development Corporation, d/b/a Empire State Development Corporation ("ESDC");

 (5) Carol M. Browner, as Administrator of the United States Environmental Protection Agency and Rodney Slater, as Secretary of the United States Department of Transportation (collectively the "Federal defendants");

 (6) George Pataki, as Governor of the State of New York, Joseph H. Boardman, as Commissioner of the New York State Department of Transportation, and John Cahill, as Commissioner of the New York State Department of Environmental ...


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