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Environmental Conservation Law

Thompson Corners, LLC v. New York State Department of Environmental Conservation

A New York appellate court held that the subsequent owner of property formerly used as a permitted hazardous waste treatment, storage, or disposal (TSD) facility need not provide financial assurance for the ongoing performance of...

Cooperstown Holstein Corp. v. Town of Middlefield

A New York court upheld a town's enactment of a zoning law that bans oil and gas drilling, including hydraulic fracturing, within the geographical borders of the township. The holder of two gas leases argued that §23-0303 of New York...

New York State Superfund Coalition, Inc. v. New York State Department of Environmental Conservation

New York's highest court upheld regulations promulgated by the state's environmental agency that require inactive hazardous waste disposal sites to be restored to pre-disposal conditions. A coalition of commercial property owners argued...

Lighthouse Pointe Property Assocs., LLC v. New York State Dep't of Envtl. Conservation

New York’s highest court affirmed a lower court decision that denied petitioners, who own and operate a hydroelectric dam, a CPLR article 78 petition in the nature of prohibition to prevent the New York State Department of...

Kalden Constr. Co. v. Hansen Aggregates New York, Inc.

A district court remanded a portion of FWS' 2008 biological opinion that approved the Bureau of Reclamation's selected operating system for a dam along the Colorado River. The 2008 opinion replaces the FWS' 1994 opinion in which it that...

Destiny USA Dev. v. New York State Dep't of Envtl. Conservation

A New York court held that the state environmental agency arbitrarily and capriciously denied a developer's application to include in the state brownfield cleanup program certain parcels of contaminated land that it plans to convert...

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

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...

CWM Chem. Servs., Ltd. Liab. Co. v. Roth

The court removes the New York Superfund disposal tax—Environmental Conservation Law §27-0923(2)—from its statutory financing scheme for the cleanup of inactive hazardous waste disposal sites. The courts below have already held, and the...

Atlantic States Legal Found. v. Pan Am. Tanning Corp.

The court holds moot a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA) against a tannery operator for alleged discharges of industrial wastewater into a New York State sewer system in violation of the FWPCA...