Legal Opinion

New York State Department of Environmental Conservation v. United States Department of Energy

District Court, N.D. New York

Decided August 13, 1991No. Nos. 89-CV-194 to 89-CV-197PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM — DECISION AND ORDER

McCURN, Chief Judge.

BACKGROUND

In January, 1989, the New York State Department of Environmental Conservation (“NYDEC” or “EnCon”) commenced these four consolidated actions in New York State Supreme Court against the United States Department of Energy (“United States”), as representative of ten federal facilities located in New York State which have been underpaying certain regulatory charges assessed against them by the NYDEC.1

Plaintiff’s action seeks a judgment declaring that the United States is required to pay the NYDEC certain past due fees total-ling…

2Cases cited39 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. United States v. SherwoodSupreme Court of the United States · 1941
  3. United States v. MitchellSupreme Court of the United States · 1980
  4. United States v. KingSupreme Court of the United States · 1969
  5. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989

34 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Ago, Florida Attorney General Reports1994
  2. City of Wilmington, Delaware v. United StatesUnited States Court of Federal Claims · 2018
  3. Jorling v. United States Department Of EnergyCourt of Appeals for the Second Circuit · 2000
  4. NEW YORK ST. DEPT. OF ENV. CONS. v. Dept. of EnergyDistrict Court, N.D. New York · 1991
  5. Waiver of Sovereign Immunity With Respect to Whistleblower Provisions of Environmental Statutes, Department of Justice Office of Legal Counsel2005

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API