Legal Opinion
Long Lake Energy Corp. v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1990PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Weiss, J. P.
It is now well established in this State that respondent, acting upon an application for State water quality certification of a hydroelectric project as a prerequisite to the issuance of a Federal license therefor under the Federal Water Pollution Control Act (also known as the Clean Water Act; see, 33 USC § 1251 et seq.), is solely limited to determining whether applicable water quality standards will be met in both the construction and operation of the project. Respondent is not empowered to base its decision on a balancing of the need for the project against…
2Cases cited10 opinions
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
- Edmead v. McGuireNew York Court of Appeals · 1986
- de Rham v. DiamondNew York Court of Appeals · 1973
- Woodin v. LaneAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by3 opinions
- Bangor Hydro-Electric Co. v. Board of Environmental ProtectionSupreme Judicial Court of Maine · 1991
- Niagara Mohawk Power Corp. v. New York State Department of Environmental ConservationNew York Court of Appeals · 1993
- Niagara Mohawk Power Corp. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1993