Sierra Club and Hudson River
Fishermen's Assn v. Martens II

Challenging DEC procedures in issuing a water withdrawal permit to Consolidated Edison for its East River Generating Station in Manhattan

Court Filings

Appellate Division First Department, Index No. 100524/2015

Decision, dated December 12, 2017.

Appellants' Reply Brief, dated September 22, 2017.

Respondent Martens Brief, dated September 13, 2017.

Respondent Con Ed's Brief, dated September 12, 2017.

Appellants' Initial Brief, dated August 1, 2017.

New York County Supreme Court, Index No. 100524/2015

Decision and Order by Justice Alice Schlesinger, September 29, 2016.

Reply Memorandum of Law of Respondent Consolidated Edison, dated September 18, 2015.

Petitioners' Memorandum of Law in Opposition to Motion to Dismiss, dated September 4, 2015.

Memorandum of Law of Respondent Martens, dated August 7, 2015.

Memorandum of Law in Support of Motion to Dismiss of Respondent Consolidated Edison, dated August 7, 2015.

Petitioners' Memorandum of Law, dated July 7, 2015.

Affidavit of Roger Downs in Support of Petitioner's Memorandum of Law, dated July 6, 2015

Affidavit of Gilbert Hawkins in Support of Petitioner's Memorandum of Law, dated July 6, 2015

Administrative Record, served June 5, 2015.

Article 78 Petition, filed March 23, 2015.

Related Case

Sierra Club and HRFA v. Martens I, Appellate Division, Second Department, Docket No. 2015-02317.

Media Coverage of Case and Related Issues

DEC's handling of water regs criticized, John Ferro, Poughkeepsie Journal, March 3, 2016.

Molinaro questions DEC's execution of water law, John Ferro, Poughkeepsie Journal, December 8, 2015.

Millions of gallons taken from Hudson with no review, John Ferro, Poughkeepsie Journal, November 29, 2015.

New York Court Rejects Sierra Club’s Challenge to First Initial Water Withdrawal Permit Issued Under New State Law, Hiscock & Barclay, October 2014.

Hearings on Water Permits for Indian Point, Matthew Wald, New York Times, July 22, 2014.

Power plant may be killing fish, Queens Crap, June 16, 2014.

Sierra Club worries Ravenswood plant kills fish, Juan Soto, Queens Times-Ledger, June 15, 2014.

Sierra Club Fights NY Over Water & Power, Marlene Kennedy, Courthouse News Service, March 6, 2014.

Sierra Club and Hudson River Fishermen File Suit to Challenge DEC's Ravenswood Water Withdrawal Permitting Process, Sierra Club Atlantic Chapter Press Release, December 9, 2013.

Hudson River Estuary Materials

Draft Hudson River Estuary Action Agenda 2015-2020, New York State
Department of Environmental Conservation, Hudson River Estuary Program, April 1, 2015.

Hudson River Estuary Habitat Restoration Plan, Daniel E. Miller, New York State
Department of Environmental Conservation, Hudson River Estuary Program, 2013.

Hudson River Materials

Final Environmental Impact Statement for SPDES Permit Renewals at Roseton 1 & 2, Bowline 1 & 2 and Indian Point 2 & 3 Steam Electric Generating Stations, June 25, 2003.

Con Ed East River Fish Entrainment Materials

Verification Monitoring Plan for 316 Compliance, Normandeau Associates, revised October 2013.

Joint Technology Installation and Operation Plan and Verification Monitoring Plan, Normandeau Associates, August 2010.

Intake Flow and Entrainment through an Experimental Fine-Mesh Intake Screen, Normandeau Associates, December 2008.

Impingement and Entrainment Studies: March 2005 - February 2006, Normandeau Associates, June 2007.

Impingement and Entrainment Monitoring Studies: Scope of Work, Normandeau Associates, 2004.

Technical Proposal for the 2005 Impingement and Entrainment Monitoring Studies, Normandeau Associates, September 2004.

Thermal Tolerance Assessment, Normandeau Associates, April 1999.

Diagnostic Study Report, Normandeau Associates, June 30, 1996.

Impingement and Entrainment Report, January-December 1993, Normandeau Associates, April 1994.

East River Biological Fact Sheet, W.R. Grace.

Other Materials related to Fish Entrainment

DEC Website, Aquatic Habitat Protection Power Plants

Best Technology Available (BTA) for Cooling Water Intake Structures - New York State Department of Environmental Conservation

The Relationship between Cooling Water Capacity Utilization, Electric Generating Capacity Utlization, and Impingement and Entrainment at New York State Steam Electric Generating Facilities - New York State Department of Environmental Conservation

Giant Fish Blenders: How Power Plants Kill Fish and Damage Our Waterways, Sierra Club, 2011.

Economic Damages of Impingement and Entrainment of Fish, Fish Eggs, and Fish Larvae at the Bay Shore Power Plant, Gentner Consulting Group

Burning Our Rivers: The Water Footprint of Electricity, River Network

California’s Power Plant Once-Through Cooling Regulation - California State Water Resources Control Board

Entergy Corp. v. EPA, Supreme Court of the United States

Cooling Water Intake Structures—CWA §316(b), U.S. Environmental Protection Agency

The Quick and the Dead: Fish Entrainment, Entrapment, and the Implementation and Application of Section 316(B) of the Clean Water Act, Vermont Law Review, 1995.

The Quick and the Dead, Waterkeeper, Winter 2007

Other Materials

Overview of NYC's Sources of Water Supply

Stuyvesant Interim Remedial Investigation Report, October 1, 2009.

Stuyvesant Interim Remedial Investigation Report, September 11, 2007.

Title V Air Permit Materials

Permit ID: 2-6206-00012/00016
Effective Date: 05/12/2009 Expiration Date: 05/11/2014
Permit Type: Title IV (Phase II Acid Rain)

Permit Review Report

Article X Materials, NYS Public Service Commission

99-F-1314: East River Repowering - Consolidated Edison - In-Service Article X Project




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