Legal Opinion

Binghamton-Johnson City Joint Sewage Board v. New York State Department of Environmental Conservation

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 1990PublishedCited by 6 opinions

1Opinion of the CourtCasey, J.

Petitioners seek to annul respondents’ determination upgrading the classification of a segment of the Susquehanna River from class "C” (suitable for, inter alia, fishing and fish *888propagation) to class "A” (suitable as, inter alia, a source of water supply for drinking, culinary or food-processing purposes). According to petitioners, who hold permits to discharge pollutants into the Susquehanna River (see, ECL 17-0801 et seq.), respondents’ determination is flawed both procedurally and substantively.

Turning first to the procedural issues, we agree with Supreme Court that the rule-making…

2Cases cited2 opinions

  1. Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
  2. Medical Society v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by6 opinions

  1. Seneca Nation of Indians v. StateAppellate Division of the Supreme Court of the State of New York · 2011
  2. Gasda, Ltd. v. AdduciAppellate Division of the Supreme Court of the State of New York · 1992
  3. Leland v. MoranDistrict Court, N.D. New York · 2002
  4. Lake George Chamber of Commerce v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1994
  5. Pacific Salmon Unlimited v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1995

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