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The Second Circuit Clears the Murk of Gorsuch and Consumers Power fron the Esopus Creek

By John H. Paul

Abstract

This casenote discusses the statutes and cases bearing on the Second Circuit\u27s decision of Catskill Mountains Chapter of Trout Unlimited, Inc. v. City of New York. It begins with an examination of Catskill to determine its reliability as authority for subsequent cases. Specifically, this casenote discusses the, statutes and cases laying the foundation of the Catskill decision, addressing the law of judicial deference to administrative interpretation, and the meaning of \u22discharge of pollutants\u22 under the Clean Water Act. This casenote concludes that Catskill is both sound authority and a fair summary of the law at the time of its decision. The casenote ends with a summary of the outcome of the Catskill litigation and recent developments in a similar case in the Eleventh Circuit, which may affect Catskill\u27s viability

Publisher: DigitalCommons@Pace
Year: 2003
OAI identifier: oai:digitalcommons.pace.edu:pelr-1184
Provided by: DigitalCommons@Pace

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