Legal Opinion
Consolidated Edison Co. of New York, Inc. v. Department of Environmental Conservation
New York Court of Appeals
Decided January 7, 1988PublishedCited by 67 opinions
1Opinion of the Court
*189OPINION OF THE COURT
Titone, J.
The issue presented on this appeal is whether the broad power of the Department of Environmental Conservation (DEC) and the Commissioner of Environmental Conservation (Commissioner) to regulate the bulk storage of petroleum was superseded by the Oil Spill Prevention, Control and Compensation Act of 1977 and the 1983 Control of the Bulk Storage of Petroleum Act. We hold that the 1977 and 1983 Acts did not revoke DEC’s otherwise broad power to regulate the bulk storage of petroleum. Consequently, DEC acted within its statutory authority in promulgating a new bulk…
2Cases cited15 opinions
- Duplex Printing Press Co. v. DeeringSupreme Court of the United States · 1921
- Zuber v. AllenSupreme Court of the United States · 1970
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Boreali v. AxelrodNew York Court of Appeals · 1987
- Levine v. WhalenNew York Court of Appeals · 1976
10 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- General Electric Capital Corp. v. New York State Division of Tax AppealsNew York Court of Appeals · 2004
- Rent Stabilization Ass'n of New York City, Inc. v. HigginsNew York Court of Appeals · 1993
- People v. LeonNew York Court of Appeals · 2008
- Golden v. ClarkNew York Court of Appeals · 1990
- Campagna v. ShafferNew York Court of Appeals · 1989
62 more not listed; retrieve them via the Exa API.