Dana Distributors, Inc. v. Department of Environmental Conservation

OPINION OF THE COURT

Angelo J. Ingrassia, J.

In this action the plaintiff (Dana), a "distributor” of beverages, seeks declaratory and injunctive relief with respect to certain provisions of the New York State Returnable Container Act (the Act) (ECL, art 27, tit 10) and the regulations (6 NYCRR part 367) of the Commissioner of Environmental Conservation (Commissioner) promulgated thereunder. As pertinent, the Act requires a distributor to accept and pay the refund value, for any empty container of a brand and type sold by it and, in addition, to reimburse any "dealer” or "redemption center”, as…