Legal Opinion

Port of Oswego Authority v. Grannis

New York Supreme Court

Decided May 21, 2009PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Robert A. Sackett, J.

In this combined CPLR article 78 proceeding and complaint, petitioners-plaintiffs challenge three conditions included in the Clean Water Act Section 401 Certification for Commercial Vessel and Large Recreational Vessel General Permit (the 401 Certification) issued by the New York State Department of Environmental Conservation (DEC) on November 3, 2008 and seek an order severing and vacating conditions one, two and three of the 401 Certification; declaring that the 401 Certification does not apply to simple transit through New York State waters but only…

2Cases cited11 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
  3. Akpan v. KochNew York Court of Appeals · 1990
  4. Pud No. 1 of Jefferson County v. Washington Department of EcologySupreme Court of the United States · 1994
  5. Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996

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3Cited by1 opinion

  1. Port of Oswego Authority v. GrannisAppellate Division of the Supreme Court of the State of New York · 2010

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