Legal Opinion
Niagara Mohawk Power Corp. v. New York State Department of Environmental Conservation
New York Court of Appeals
Decided November 11, 1993PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The New York State Department of Environmental Conservation (DEC) appeals by leave granted from this Court to review the Appellate Division’s order affirming Supreme Court’s judgment in favor of Niagara Mohawk Power Corporation. We agree with both courts that the DEC’S effort to broaden its scope of review under the Clean Water Act to include aspects of ECL article 15 is unfounded. For purposes of issuance of a Clean Water Act § 401 (33 USC § 1341) State certification, DEC is limited to considering the water quality standards set forth by the State and…
2Cases cited6 opinions
- Arkansas v. OklahomaSupreme Court of the United States · 1992
- Department of Ecology v. Public Utility District No. 1Washington Supreme Court · 1993
- de Rham v. DiamondNew York Court of Appeals · 1973
- Power Authority v. WilliamsNew York Court of Appeals · 1983
- Arnold Irrigation District v. Department of Environmental QualityCourt of Appeals of Oregon · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- East End Property Co. 1 v. KesselAppellate Division of the Supreme Court of the State of New York · 2007
- Eastern Niagara Project Power Alliance v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2007
- Chasm Hydro, Inc. v. New York State Department of Environmental ConservationNew York Court of Appeals · 2010
- Erie Boulevard Hydropower, L.P. v. Stuyvesant Falls Hydro Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Natural Resources Defense Council, Inc. v. New York State Department of Environmental ConservationNew York Supreme Court · 2012
4 more not listed; retrieve them via the Exa API.