Town of East Hampton v. Cuomo

OPINION OF THE COURT

The primary question to be answered in this appeal is whether the Long Island Landfill Law (ECL 27-0704) is unconstitutional as applied to the plaintiffs, the Towns of East Hampton, Riverhead, and Southold (hereinafter the Towns). In our view, this question must be answered in the negative.

I

In July 1978, the Nassau-Suffolk Regional Planning Board adopted the "Long Island Comprehensive Waste Treatment Management Plan” (hereinafter the 208 Plan) in response to the requirements of Federal Clean Water Act §§ 201 and 208 (33 USC §§ 1281, 1288). Those sections of the Clean Water…