Industrial Liaison Committee of Niagara Falls Chamber of Commerce v. Flacke

Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered October 2, 1984 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Department of Environmental Conservation granting a State Pollutant Discharge Elimination System permit to the City of Niagara Falls.

During the early 1970’s, the City of Niagara Falls and the Department of Environmental Conservation (DEC) decided that conditions required the construction of a large wastewater treatment facility capable of employing carbon absorption…