Mohawk Valley Organics LLC v. New York State Department of Environmental Conservation

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Montgomery County) to review a determination of respondent Commissioner of Environmental Conservation which revoked petitioner’s solid waste permit.

At issue is a determination of respondent Commissioner of Environmental Conservation (hereinafter respondent) revoking a solid waste permit that had been issued to petitioner in October 2000. The permit authorized the construction and operation of an open air composting facility in Montgomery County. As substantial evidence in the record…