Meschi v. New York State Department of Environmental Conservation

OPINION OF THE COURT

Lawrence E. Kahn, J.

In this article 78 proceeding, petitioners seek to enjoin the respondents from constructing a solid waste transfer facility on U. S. Route 20 in the Town of New Lebanon, and to annul and set aside a permit for the construction of the facility issued to the county by the respondent, New York State Department of Environmental Conservation (hereinafter DEC). Specifically, petitioners challenge DEC’s determination that the construction of the facility would not have an adverse environmental impact, and that therefore, preparation of an environmental impact…