Legal Opinion
Lehigh Portland Cement Co. v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 1994PublishedCited by 2 opinions
1Opinion of the CourtCardona, P. J.
Appeal from that part of an order of the Supreme Court (Hughes, J.), entered February 25, 1994 in Albany County, which denied plaintiffs motion for summary judgment.
Plaintiff petitioned defendant for beneficial use determinations (hereinafter BUDs) (see, 6 NYCRR former 360-1.2 [a] [5]) so that it could use waste products of other industries without being subjected to solid waste regulations. In order to expedite the administrative process and have its petitions favorably determined, plaintiff sought to have the process considered as an application for a permit (see, ECL art 70; 6 NYCRR part…
2Cases cited9 opinions
- Morgenthau v. ErlbaumNew York Court of Appeals · 1983
- Young Men's Christian Ass'n v. Rochester Pure Waters DistrictNew York Court of Appeals · 1975
- Grattan v. Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1987
- New York Institute for Education of Blind v. United Federation of Teachers' CommitteeAppellate Division of the Supreme Court of the State of New York · 1981
- New York Institute for Education of Blind v. United Federation of Teachers' Committee for New York Institute for Education of BlindNew York Court of Appeals · 1982
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3Cited by2 opinions
- Lehigh Portland Cement Co. v. New York State Department of Environmental ConservationNew York Court of Appeals · 1995
- Lehigh Portland Cement Co. v. New York State Department of Environmental ConservationNew York Court of Appeals · 1995