United States Second Circuit

Defendant's Motion for summary judgment upheld because their dumping activities were with the maintenance exception of 33 U.S.C. section 1344(f)(1)(B), and because Plaintiff failed to allege ongoing dumping of solid waste as required to prove violation of 42 U.S.C. section 6945.

Appellate Information

• Decided 06/02/2004
• Published 06/02/2004

Judges

• SACK, Circuit Judge., Before:  VAN GRAAFEILAND, SACK, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Leigh Anderson (David J. Seeger, Alison L. Mical, of counsel), Buffalo, NY, for Appellant.


• For Appellees:
  
• James L. Magavern (Magavern, Magavern & Grimm, L.L.P.), Buffalo, NY, for Appellee.