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Murtaugh v. New York State Dep't of Envtl. Conservation

ELR Citation: 37 ELR 20180
Nos. No. 06-02581, (N.Y. App. Div., 07/18/2007)

A New York appellate court affirmed a lower court decision dismissing claims filed by the owner of a vehicle scrap yard against the state environmental agency for ordering it to cease operations. Substantial evidence supports the determination that the owner violated the New York State Navigation Law by discharging petroleum and petroleum products at the site, by failing to make the required notifications, and by failing to immediately contain such discharges. Evidence also shows that the owner violated the Environmental Conservation Law by releasing and discharging hazardous substances and other pollutants and contaminants at the site and by disposing of solid waste on the site, including in a federally protected wetland. In addition, the Navigation Law authorized the agency to enter, inspect, and remediate contaminated property at the site without first obtaining a warrant or other court order.