Legal Opinion

Ames v. Smoot

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

Decided December 27, 1983PublishedCited by 41 opinions

1Opinion of the Court

OPINION OF THE COURT

Lazer, J. P.

Has the enactment of article 33 of the Environmental Conservation Law (ECL) pre-empted the field of pesticide regulation and thus precluded local governments from *217legislating in that area? Since we believe that it has, we conclude that the local law enacted by the Incorporated Village of Laurel Hollow prohibiting aerial spraying of pesticides was void and that it could be repealed without the filing of an environmental impact statement.

Although the enactment under immediate challenge is Laurel Hollow’s Local Law No. 1 of 1982, which repealed Local Law No. 1 of…

2Cases cited16 opinions

  1. Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
  2. Lakeland Water District v. Onondaga County Water AuthorityNew York Court of Appeals · 1969
  3. People v. De JesusNew York Court of Appeals · 1981
  4. Robin v. Incorporated Village of HempsteadNew York Court of Appeals · 1972
  5. People v. CookNew York Court of Appeals · 1974

11 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
  2. Dougal v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1984
  3. Pesticide Public Policy Foundation v. Village of WaucondaIllinois Supreme Court · 1987
  4. Landmark Colony at Oyster Bay v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1985
  5. Chwick v. MulveyAppellate Division of the Supreme Court of the State of New York · 2010

36 more not listed; retrieve them via the Exa API.

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