United States Second Circuit

Towns in a watershed region of New York lack standing to sue the Environmental Protection Agency. In seeking review of two of the Agency's "final actions" pertaining to the Safe Drinking Water Act of 1974, they failed to show that their proposed injuries were likely to be redressed by a favorable court decision.

Appellate Information

• Decided 12/29/2008
• Published 12/29/2008

Judges

• PER CURIAM., Before:  FEINBERG, CABRANES, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joseph F. Castiglione (Kevin M. Young, on the brief), Young, Sommer, Ward, Ritzenberg, Baker & Moore, LLC, Albany, NY, for Petitioners.


• For Appellees:
  
• Caroline H. Wehling (Phyllis Feinmark, Chris Saporita, on the brief), United States Environmental Protection Agency, Washington, DC (Ronald J. Tenpas, Assistant Attorney General, John C. Cruden, Deputy Assistant Attorney General, and Stephen E. Crowley, Attorney, United States Department of Justice, Washington, DC, on the brief) for Respondent., Philip M. Bein, Assistant Attorney General, Environmental Protection Bureau (Andrew M. Cuomo, Attorney General of the State of New York, Barbara D. Underwood, Solicitor General, Benjamin N. Gutman, Deputy Solicitor General, Monica Wagner, Assistant Solicitor General, and Katherine Kennedy, Special Deputy Attorney General on the briefs), Office of the Attorney General of the State of New York, Albany, NY, for Intervenor-Respondent New York State Department of Health., Hilary Meltzer, Assistant Corporation Counsel (Michael A. Cardozo, Corporation Counsel of the City of New York, and Carrie Noteboom, on the brief), New York City Law Department, New York, NY, for Intervenor-Respondent City of New York.