Concerned Citizens for the Environment v. Zagata

OPINION OF THE COURT

Crew III, J.

In March 1994, respondent American Ref-Fuel Company of the Capital District, L.P. (hereinafter respondent) submitted an application to respondent Department of Environmental Conservation (hereinafter DEC) for a permit to construct and operate an integrated solid waste management facility in the Village of Green Island, Albany County. The proposed facility consisted of an incinerator, a materials recovery facility and a solid waste transfer station. Phase one of the plan called for construction of the materials recovery facility and the transfer station, both of…