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Scenic Hudson Preservation Conference v. Diamond

Citation: 2 ELR 20207
69 Misc. 2d 1/3 ERC 1903/330 N.Y.S.2d 71, (N.Y. Sup. Ct., 04/28/1972)

The New York State Commissioner of Environmental Conservation — in issuing a certification that the pumped storage hydroelectric facility to be located at Storm King Mountain near Cornwall, New York, met applicable water quality standards — acted in excess of his jurisdiction by failing to consider questions of salt water contamination, thermal pollution, fish kills and other matters. Failure to consider these matters negates the "reasonable assurance" standard demanded by the Federal Water Pollution Control Act (33 U.S.C. § 1171(b)). Conditions attached to the certification requiring Consolidated Edison to police its own behaviour are meaningless.

Counsel for Petitioners
Winer, Neuburger & Sive
425 Park Avenue
New York, N.Y. 10022

Counsel for Respondent
Louis J. Lefkowitz Attorney General
State Capitol
Albany, N.Y. 12224

Counsel for Considated Edison, Intervenor
LeBoeuf, Lamb, Leiby & MacRae
One Chase Manhattan Plaza
New York, N.Y. 10005