Legal Opinion
Chasm Hydro, Inc. v. New York State Department of Environmental Conservation
New York Court of Appeals
Decided February 16, 2010No. 10PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
CIPARICK, J.
On this appeal, we must determine whether a CPLR article 78 petition in the nature of prohibition lies to prevent the New York State Department of Environmental Conservation (DEC) from bringing an administrative enforcement proceeding against Chasm Hydro, Inc. and the other petitioners for the violation of a variety of state water quality laws. Because petitioners have an adequate remedy at law and have not demonstrated that the agency has exceeded its jurisdiction, prohibition does not lie.
Petitioners own and operate the Chasm Hydro Dam on the Chateaugay River…
2Cases cited5 opinions
- Pud No. 1 of Jefferson County v. Washington Department of EcologySupreme Court of the United States · 1994
- MATTER OF TOWN OF HUNTINGTON v. New York State Div. of Human RightsNew York Court of Appeals · 1993
- Matter of City of Newburgh v. Pub. Employment Relations Bd. of the State of New YorkNew York Court of Appeals · 1984
- Niagara Mohawk Power Corp. v. New York State Department of Environmental ConservationNew York Court of Appeals · 1993
- Chasm Hydro, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by8 opinions
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- Empire Wine & Spirits LLC v. New York State Liquor AuthorityNew York Supreme Court · 2014
- New York State Health Facilities Ass'n ex rel. Member Residential Health Care Facilities v. SheehanAppellate Division of the Supreme Court of the State of New York · 2012
- New York State Health Facilities Ass'n ex rel. Member Residential Health Care Facilities v. SheehanAppellate Division of the Supreme Court of the State of New York · 2012
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