MATTER OF HUNT BROS., INC. v. Glennon

I respectfully dissent for essentially the reasons expressed in Justice Casey’s opinion (180 AD2d 157), and I would affirm the Appellate Division’s order that the Adirondack Park Agency (APA) lacks jurisdiction with respect to petitioner’s mining operation.

Notably, in enacting the Mined Land Reclamation Law (MLRL), the Legislature expressly superseded "all other state and local laws relating to the extractive mining industry,” and reposed exclusive regulatory jurisdiction for such activities in the Department of Environmental Conservation (DEC) (ECL 23-2703 [former (2)]). A narrow exception…