District Court, N.D. New York August 13, 1991, Nos. 89-CV-194 to 89-CV-197 (New York State Department of Environmental Conservation v. United States Department of Energy)

MEMORANDUM — DECISION AND ORDER

McCURN, Chief Judge.

BACKGROUND

In January, 1989, the New York State Department of Environmental Conservation (“NYDEC” or “EnCon”) commenced these four consolidated actions in New York State Supreme Court against the United States Department of Energy (“United States”), as representative of ten federal facilities located in New York State which have been