de Rham v. Diamond

Chief Judge Fuld.

The State Commissioner of Environmental Conservation, acting pursuant to section 21 (suhd. [b]) of the Federal Water Pollution Control Act, determined that there is “ reasonable assurance ” that construction and operation of Consolidated Edison’s Cornwall Project will not violate or contravene water quality standards applicable to the waters of the Hudson River. On this appeal, the scope of judicial review being limited, we are called upon, not to weigh the facts or merits of this long-drawn-out -controversy de novo, hut simply to decide whether the Commissioner acted in…