Matter of Town of Brunswick v. County of Rensselaer

Appeal from a judgment of the Supreme Court (Elliot III, J.), entered April 4, 2016 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motions to dismiss the petition.

The facts underlying this matter are more fully set forth in the companion case (Matter of Town of Brunswick v County of Rensselaer, 152 AD3d 1108 [2017] [decided herewith]). As relevant here, the Clean Water Act (33 USC § 1251 et seq.) requires a party holding a State Pollutant Discharge Elimination System (hereinafter SPDES) permit to develop a long term control plan (hereinafter LTCP)…