Entergy Nuclear Indian Point 2, LLC v. New York State Department of Environmental Conservation

OPINION OF THE COURT

Thomas W. Keegan, J.

Petitioners have commenced CPLR article 78 proceedings challenging the final environmental impact statement (hereinafter FEIS) issued by the New York State Department of Environmental Conservation (hereinafter DEC) with respect to renewals of SPDES permits for several electricity generating facilities which use Hudson River water for cooling. The FEIS appears to be final in name only, as many issues have been left for future review. It is likely that the FEIS was issued in its present state in order to comply with the time limits contained in a consent…