Legal Opinion
Matter of FMC Corporation v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided October 20, 2016No. 522187PublishedCited by 5 opinions
1Opinion of the CourtLynch, J.
Appeal from a judgment of the Supreme Court (Elliot III, J.), entered August 24, 2015 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.
Petitioner is the owner and operator of a 103-acre facility that produced organic and inorganic pesticides, fungicides, herbicides and insecticides for more than 60 years in the Village of Middleport, Niagara County. Due to the manufacturing process and because petitioner dumped and stored chemical waste on its property, the soil, groundwater and surface water on and near the facility…
2Cases cited10 opinions
- Meghrig v. KFC Western, Inc.Supreme Court of the United States · 1996
- Best Payphones, Inc. v. Department of Information Technology & TelecommunicationsNew York Court of Appeals · 2005
- Essex County v. ZagataNew York Court of Appeals · 1998
- Stop-The-Barge v. CahillNew York Court of Appeals · 2003
- Superfund Coalition, Inc. v. Department of Environmental ConservationNew York Court of Appeals · 2011
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3Cited by5 opinions
- FMC Corp. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2017
- FMC Corp. v. N.Y.S. Dep't of Envtl. ConservationCourt for the Trial of Impeachments and Correction of Errors · 2018
- Grune v. HernandezDistrict Court, N.D. New York · 2024
- Matter of 101CO, LLC v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of FMC Corp. v. New York State Dept. of Envtl. ConservationNew York Court of Appeals · 2018