US courthouse
The US courthouse of Thurgood Marshall, home of the US court of appeals for the Second Circuit and Southern District of New York. Image by Ken Lund via Flickr.

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In early February US district judge Lorna Schofield dismissed the case but on February 26 the case was reinstated after an amended complaint was filed which is now proceeding through the court. 

Alan Sash at law firm McLaughlin & Stern, who is representing the trade groups, said: “We are hopeful that the judge will decide the legal issues on the merits within the next few months.”

The case has been filed against Basil Seggos, in his official as the commissioner of the New York State Department of Environmental Conservation.