Legal Opinion
Chasm Hydro, Inc. v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 2009PublishedCited by 2 opinions
1Opinion of the CourtRose, J.
Appeal from a .judgment of the Supreme Court (Demarest, J.), entered November 7, 2007 in Franklin County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to stay administrative proceedings commenced by respondent.
Petitioners operate a hydroelectric dam located on a navigable, class C river. When they began to make repairs to the dam, respondent commenced an administrative enforcement proceeding against them for alleged violations of state water quality standards. Respondent’s primary allegation is that petitioners’ repairs caused significant discharges…
2Cases cited11 opinions
- Pud No. 1 of Jefferson County v. Washington Department of EcologySupreme Court of the United States · 1994
- S. D. Warren Co. v. Maine Board of Environmental ProtectionSupreme Court of the United States · 2006
- MATTER OF TOWN OF HUNTINGTON v. New York State Div. of Human RightsNew York Court of Appeals · 1993
- Andrew F. Capoccia, L. L. C. v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2000
- de Rham v. DiamondNew York Court of Appeals · 1973
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3Cited by2 opinions
- Chasm Hydro, Inc. v. New York State Department of Environmental ConservationNew York Court of Appeals · 2010
- Normandy Corp. v. South Carolina Department of TransportationCourt of Appeals of South Carolina · 2009