United States Second Circuit
NO SPRAY COALITION, INC. v. CITY OF NEW YORK, 02-9484
District court's ruling that the citizen-suit provision of the Clean Water Act does not apply to uses of pesticide that comply with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act, is vacated where Congress intended the CWA's citizen suit provision to operate regardless whether the claimed violation of CWA also violated FIFRA.
Appellate Information
- Decided 12/09/2003
- Published 12/09/2003
Judges
- LEVAL, Circuit Judge., Before: LEVAL and SACK, Circuit Judges, and KORMAN, District Judge.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Karl S. Coplan (Joel R. Kupferman and Christine N. Simmons, on the brief), Pace Environmental Litigation Clinic, White Plains, N.Y., for Appellant.
- For Appellees:
- Inga Van Eysden (Susan E. Amron and Mark P. McIntyre, on the brief), Office of the Corporation Counsel of the City of New York, New York, N.Y., for Appellees.