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New York City Environmental Justice Alliance v. Giuliani

Citations: 184 F.3d 206; 1999 WL 643209Docket: No. 99-7713

Court: Court of Appeals for the Second Circuit; August 13, 1999; Federal Appellate Court

Narrative Opinion Summary

The district court's judgment is affirmed, and a written opinion will be provided later. The stay on the district court's decision has been lifted. The deadline for filing a petition for rehearing is extended to 14 days after the opinion is issued, in accordance with Fed. R. App. P. 40(a)(1). Additionally, the mandate will not be issued until seven days after the deadline for filing a petition for rehearing expires or seven days after an order denying a timely petition for rehearing or motion to stay the mandate, whichever occurs later, as per Fed. R. App. P. 41(b).

Legal Issues Addressed

Affirmation of District Court Judgment

Application: The appellate court affirmed the district court's judgment, indicating agreement with the lower court's decision.

Reasoning: The district court's judgment is affirmed, and a written opinion will be provided later.

Extension for Filing Petition for Rehearing

Application: The time period for filing a petition for rehearing is extended, granting parties additional time to request a rehearing.

Reasoning: The deadline for filing a petition for rehearing is extended to 14 days after the opinion is issued, in accordance with Fed. R. App. P. 40(a)(1).

Issuance of Mandate

Application: The issuance of the mandate is delayed to allow time for filing a petition for rehearing or a motion to stay the mandate.

Reasoning: The mandate will not be issued until seven days after the deadline for filing a petition for rehearing expires or seven days after an order denying a timely petition for rehearing or motion to stay the mandate, whichever occurs later, as per Fed. R. App. P. 41(b).

Lifting of Stay

Application: The previously imposed stay on the district court's decision has been lifted, allowing the decision to take effect.

Reasoning: The stay on the district court's decision has been lifted.