Bath Petroleum Storage, Inc. v. Sovas

SUMMARY ORDER

Plaintiffs-Appellants Bath Petroleum Storage, Inc. and E.I.L. Petroleum, Inc., (“Bath”) appeal from the March 19, 2004, decision (Lawrence E. Kahn, Judge) denying plaintiffs’ motion for summary judgment and granting summary judgment in favor of defendants-appellees. See Bath Petroleum Storage, Inc. v. Sovas, 309 F.Supp.2d 357 (N.D.N.Y.2004). The trial judge rejected Bath’s claims that the New York State Department of Environmental Conservation (“DEC”) had no jurisdiction over plaintiffs because its rules were preempted by federal law. Specifically, Bath appeals the district…