State Of New York v. United States Army Corps of Engineers et al

Filing 1

COMPLAINT against Peter A. DeLuca, Rowan W. Gould, Lisa Jackson, Jonathan B. Jarvis, Kenneth Salazar, United States Army Corps of Engineers, United States Department of the Interior, United States Environmental Protection Agency, United States Fish and Wildlife Service, United States National Park Service Disclosure Statement on Civil Cover Sheet completed -yes,, filed by State Of New York. (Attachments: # 1 Civil Cover Sheet) (Siegfried, Evan)

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•
I
CIVIL COVER SHEET
replace nor supplement thQIZervi ofpifdingSJILoi~QA . .xcept~vided

,..,_.>JS 44 t Rev. 12/07)

The JS 44 civil cover sheet and
by local rules of coun. This
the civil docket sheet.

I. (a)
State of New York

of the ~nited States in Sep~rV4, is

quir~orth!"me ~-UO~

V

purpose oft~itiating

DEFENDANTS

* MAY 3 I 2011

United States Army Corps of Engineers
attachment)

~ee

Knty of Residence of First Listed Defendant

~K!!i~n:lig~s:.,_________

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

(C)

Attomeys(lf~:~~VOLVROSS,

Anomey's (Firm Name, Address, and Telephone Number)

Eric T. Schneiderman, Attorney General of the State of New York
(see attachment)

II. BASIS OF

J.
POll
"X" in One Box for Plaintiff.

(Place an "XH in One Box Only)

(For Divenity Cases Only)

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
0 4
0 4

0 2

0

2

Incorporated and Principal Place
of Business In Another State

0

5

0 5

0 3

0

3

Foreign Nation

0

6

0

of Business In This State

(Indicate Citizenship of Parties in Item Ill)

0 120Marine
0 130 Miller Act
0 140 Negotiable Instrument
0 ISO
& Enforcement
0 151 Medicare Act
0 152 Recovery ofDefauiled
Student Loans
(Excl. Veterans)
0 153 Recovery of Overpayment
ofVeteran"s Benefits
0 160 Stockholders' Suits

PERSONAL INJURY
310 Airplane
31 5 Airplane Product
Liability
320 Assault. Libel &
Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product
liability
350 Motor Vehicle

PERSONAL INJURY
362 Personal injury·
Mcd. Malpractice
365 Personal injury •
Product Liability
368 Asbestos Per.oonal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Produ~;:t Liability

n

"
"
"
"
"
"

0 230 Rent Lease & Ejectment
0 240 Torts to Land
0 245 Tort Product Liability
0 290 All Other Real Property

610 Agriculture
620 Other Food & Drug
625 Drug Related Seizure
of Property 21 USC 881
630 Liquor Laws
640 R.R. & Truck

422 Appeal 28 USC I 58
423 Withdrawal
28 usc 157

A<l

720 Labor/Mgmt. Relations
730 labor/Mgmt.Reporting
& Disclosure Act
740 Railway Labor Act
790 Other labor litigation
791 Empl. Ret. Inc.
Security Act

A<l

900Appeal of Fee Detennination
Under Equal Access
to Justice
950 Constitutionality of
State Starutcs

445 Amer. w/Disabilities.

465 Other Immigration
Actions

lPiace an -x" in One Box Only)

0

6

400 State Reapportionment
41 0 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
810 Selective Service
850 Securities/Commodities/
Exchange
875 Customer Challenge
12 usc 3410
890 Other Starutory Actions
891 Agricultural Acts
892 Economic Stabilization Act
893 EnvironmcntaJ Maners
894 Energy Allocation Act
895 Freedom of Information

535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition

Employment
446 Amer. w!OisabilitiesOther
440 Other Civil Rights

Original
Proceeding

Ll I

Citizen of This State

0 4 Diversity

U.S. Government
Defendant

V. ORIGIN

"'

Citizen of Another State

(U.S. Government Not a Party)

0 I I 0 Insurance

31

DEF

0 3 Federal Question

U.S. Government
Plaintiff

~ 2

PTF

Citizen or Subject of a

Llt

2 Removed from
State Court

0

3

Remanded from
Appellate Court

0

4 Retnstated or 0
Reopened

5 Transferred from
anot~tf dzstnct

0 6 Multidistrict
Litigation

0

7

Appeal to District
Judge from

t!dg=!e

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversitv):

VI.

National Environmental Policy Act of 1969. 42 U.S.C. 4321 et. sea. C"NEPA'l Csee attachment)

CAUSEOFACTION~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~---­

Brief description of cause:

Defendants failed to comolv with NEPA and its imolementina reaulations

VII. REQUESTED IN

COMPLAINT:
VIII. RELATED CASE(S)
IF ANY

jj CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
(See instructions):

DEMAND S

CHECK YES only if demanded in complaint:
JURY DEMAND:
0 Yes
.tNo

JUDGE

DATE

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY
RECEIPT#

------

AMOUNT

----------

APPlYING IFP

--------

JUDGE

M£

MAG.

JUDGE_t.=---L...:.f?
_______

If ~ v:2 £-1y

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

---------------------------------------------------------------------------------)(
STATE OF NEW YORK,
Plaintiff,
V.

UNITED STATES ARMY CORPS OF ENGINEERS;
BRIGADIER GENERAL PETER A. DELUCA, in his official
capacity as an officer of the United States Army Corps of
Engineers; UNITED STATES FISH AND WILDLIFE SERVICE;
ROWAN W. GOULD, in his official capacity as Acting Director
of the United States Fish and Wildlife Service; UNITED STATES
NATIONAL PARK SERVICE; JONATHAN B. JARVIS,
in his official capacity as Director of the United States National Park
Service; UNITED STATES DEPARTMENT OF the INTERIOR;
KENNETH SALAZAR, in his official capacity as Secretary of the
United States Department of the Interior; UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY; and
LISA JACKSON, in her official capacity as Administrator of the
United States Environmental Protection Agency,
Defendants,

---------------------------------------------------------------------------------](
I.(c)
Eric T. Schneiderman
Attorney General of the State ofNew York
Attorney for Plaintiff State ofNew York
Philip Bein
Assistant Attorney General
New York State Attorney General's Office
Environmental Protection Bureau
The Capitol
Albany, New York 12224
Tel: [phone]
fa](: [phone]
E-mail: [e-mail]

ATTACHMENT TO
CIVIL COVER SHEET
FORMJS44

Defendants
United States Army Corps of Engineers;
United States Army Corps of Engineers, Brigadier General Peter A. Deluca, Division Engineer,
North Atlantic Division, in his official capacity;
United States Fish and Wildlife Service;
United States Fish and Wildlife Service, Rowan W. Gould, Acting Director, in his official
capacity;
United States National Park Service;
United States National Park Service, Jonathan B. Jarvis, Director, in his official capacity;
United States Department of the Interior;
United States Department of the Interior, Kenneth Salazar, Secretary, in his official capacity;
United States Environmental Protection Agency; and
United States Environmental Protection Agency, Lisa Jackson, Administrator, in her official
capacity.
VI. Cause of Action
National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. ("NEPA")
Administrative Procedure Act, 5 U.S.C. §§ 551-706 ("APA")
Delaware River Basin Compact

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