Onondaga Landfill Sys., Inc. v. Flacke
Citation: 12 ELR 20032
No. Nos. 81-262, -263, 440 N.Y.S.2d 788, (N.Y. App. Div., 05/27/1981)
The court rules that a Department of Environmental Conservation (DEC) regulation, which requires consideration of associated actions in determining if an environmental impact statement (EIS) is required for a project, is neither arbitrary nor capricious. DEC had determined that petitioner's mining project and long-term reclamation plan required preparation of an EIS. The lower court ordered DEC to issue a mining permit without the EIS. The appellate court finds that the legislature delegated rulemaking authority to the DEC to promulgate criteria for determining whether an action and associated actions will have significant environmental effects.The regulation and DEC's consideration of the long-term project are consistent with the legislative intent. The lower court erred in substituting its judgment for that of the DEC where the record establishes a rational basis for the decision.
Counsel for Appellants
Francis J. Keehan
State Capitol, Albany NY 12224
Counsel for Appellee
Crystal, Manes & Rifken
507 E. Fayette St., Syracuse NY 13202
Before CARDAMONE, J.P., and DOERR, DENMAN, MOULE and SCHNEPP, JJ.