Legal Opinion
Niagara Mohawk Power Corp. v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided January 7, 1993PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Yesawich Jr., J.
Petitioner, a private, investor-owned utility company which owns and operates hydroelectric facilities throughout the State, recently applied to the Federal Energy Regulatory Commission (hereinafter FERC) for licenses enabling it to construct several new facilities and to perform dam repair or reconstruction work on existing ones, and anticipates filing similar additional applications in the near future. Section 401 of the Federal Clean Water Act (33 USC § 1341) provides that when such proposed construction or repair will result in any discharge into…
2Cases cited4 opinions
- First Iowa Hydro-Electric Cooperative v. Federal Power CommissionSupreme Court of the United States · 1946
- de Rham v. DiamondNew York Court of Appeals · 1973
- Power Authority v. WilliamsNew York Court of Appeals · 1983
- Long Lake Energy Corp. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by1 opinion
- Department of Ecology v. Public Utility District No. 1Washington Supreme Court · 1993