Erie Boulevard Hydropower, L.P. v. Stuyvesant Falls Hydro Corp.

Peters, J. (concurring in part and dissenting in part).

I cannot agree with the majority’s conclusion that respondent was not required to comply with the State Environmental Quality Review Act (ECL art 8 [hereinafter SEQRA]). Although I recognize that the Federal Energy Regulatory Commission (hereinafter FERC) has been given exclusive comprehensive jurisdiction by the Federal Power Act over issues relating to licensing and permits, this proceeding does not relate to the issuance of either.

In reviewing the doctrine of preemption, it is axiomatic that state law will be regarded as preempted by…