Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental Conservation

Smith, J.P. (dissenting).

Because I conclude that respondent New York State Department of Environmental Conservation (DEC) misinterpreted the statutes applicable to the determination underlying the judgment in this proceeding, resulting in the arbitrary and capricious exclusion of petitioner’s parcels from the Brownfield Cleanup Program ([BCP] ECL 27-1401 et seq.), I respectfully dissent and would affirm.

The parties correctly agree that the narrow issue presented on this appeal is whether the DEC acted arbitrarily and capriciously in concluding that petitioner’s proposed redevelopment sites do…