Bath Petroleum Storage, Inc. v. New York State Department of Environmental Conservation

—Mikoll, J.

Appeal from a judgment of the Supreme Court (Keegan, J.), entered February 3, 1997 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a declaratory ruling by respondents.

Petitioner was the operator of an underground liquid petroleum gas (hereinafter LPG) storage reservoir containing six caverns created in underground salt formations located near the Town of Bath, Steuben County. The reservoir was constructed prior to 1963 and was continuously operating since then.

In 1995 petitioner applied to respondent Department of…