Legal Opinion

Matter of Natural Resources Defense Council, Inc. v. New York State Department of Environmental Conservation

New York Court of Appeals

Decided May 5, 2015No. 48PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

Runoff from rain and snow melt courses over roofs, roads, driveways and other surfaces, picking up pollutants along the way. It then passes through municipal storm sewer systems into rivers and lakes, adding the pollutants accumulated during its journey to those bodies of water. These municipal storm *379sewer systems thus differ from other entities that discharge effluents into our state’s surface waters (for example, industrial or commercial facilities and sewage treatment plants) in three major ways: precipitation is naturally occurring, intermittent and variable…

2Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Howard v. WymanNew York Court of Appeals · 1971
  3. South Florida Water Management District v. Miccosukee Tribe of IndiansSupreme Court of the United States · 2004
  4. Texas Independent Producers and Royalty Owners Association v. Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 2005
  5. Defenders of Wildlife v. BrownerCourt of Appeals for the Ninth Circuit · 1999

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3Cited by9 opinions

  1. Dept. of Env. v. Carroll Cnty. Frederick Cnty. v. Dept. of Env.Court of Appeals of Maryland · 2019
  2. Maryland Department of Environment v. Anacostia RiverkeeperCourt of Appeals of Maryland · 2016
  3. Shillingford v. Astra Home Care, Inc.District Court, S.D. Illinois · 2018
  4. Matter of Weaver v. Town of N. CastleAppellate Division of the Supreme Court of the State of New York · 2017
  5. The Matter of Entergy Nuclear Operations v. New York State Department of StateNew York Court of Appeals · 2016

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