Legal Opinion

New York State Superfund Coalition, Inc. v. New York State Department of Environmental Conservation

Appellate Division of the Supreme Court of the State of New York

Decided January 19, 1989PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Kane, J.

ECL article 27, title 13 relates to inactive hazardous waste *74disposal sites. Under ECL 27-1313 (3) (a), if respondent Commissioner of Environmental Conservation finds that hazardous wastes at a particular site "constitute a significant threat to the environment”, he may order the owner of such site to develop a remedial clean-up program. The Commissioner is also authorized to establish rules and regulations necessary to effectuate the purposes of title 13. To that end, the Commissioner adopted 6 NYCRR part 375. These regulations concern the development and…

2Cases cited4 opinions

  1. Harbolic v. BergerNew York Court of Appeals · 1977
  2. Industrial Liaison Committee of Niagara Falls Area Chamber of Commerce v. WilliamsNew York Court of Appeals · 1988
  3. Town of Islip v. CavigliaAppellate Division of the Supreme Court of the State of New York · 1988
  4. Industrial Liaison Committee v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. Motor Vehicle Manufacturers Ass'n of the United States, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1989
  2. Buffalo Sewer Authority v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1989

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