Eastern Transfer of New York, Inc. v. Cahill

OPINION OF THE COURT

Graffeo, J.

This controversy emanates from the parties’ differing interpretations of an administrative enforcement order issued on consent (hereinafter the consent order) by respondent Department of Environmental Conservation (hereinafter DEC) in June 1990 relating to the operation of a solid waste transfer station in Kings County which is now owned by petitioner. Because we hold that the consent order, which expired on May 7, 1998, neither granted petitioner “vested rights” in the continued operation of the transfer station nor authorized the construction of a new…