Court of Appeals Decision Strengthens New York State’s Superfund Program

A coalition of industrial companies sued the New York State  Department of Environmental Conservation, alleging that DEC had the authority only to require the removal of “significant” environmental threats, not to mandate a cleanup that restored a site to its pre-industrial condition.  But in a recently published 5-to-2 decision, the Court of Appeals said that the conservation department “did not exceed its authority or act contrary to law” in enforcing a regulation meant to remove existing or potential hazards that pose a significant threat or imminent danger of irreversible damage to the environment.

LINKS: Court of Appeals DecisionNew York Times Article

 

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