Niagara Recycling, Inc. v. Town Board of Niagara

OPINION OF THE COURT

Frank R. Bayger, J.

At issue in this article 78 proceeding is the validity of the defendant township’s recently enacted “Solid Waste Management Facility, Incineration, Recycling and Landfills Law” (Local Law No. 8). Petitioners presently operate various waste treatment and disposal facilities within the township pursuant to existing Federal and State legislation. They contend that the local law was improperly enacted in violation of New York’s Environmental Quality Review Act (ECL art 8), is duplicative of existing legislation, unduly burdensome, and potentially harmful to…