Legal Opinion
Citizens' Environmental Coalition, Inc. v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided December 24, 2008PublishedCited by 3 opinions
1Opinion of the Court
Mercure, J.P.
In 2003, the Legislature passed the Brownfield Cleanup Program Act “to encourage [the] cleanup and redevelopment of brownfield,” or hazardous waste, sites (ECL 27-1403; see Weinberg, Practice Commentaries, McKinney’s Cons Laws of NY, Book 17V2, ECL 27-1401, at 365). Under the Act, developers receive substantial tax credits and release from future liability in exchange for cleaning up brownfield sites. Respondent Department of Environmental Conservation (hereinafter DEC) is vested with the authority to implement the statute, including the authority to promulgate regulations. In…
2Cases cited9 opinions
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
- Nicholas v. KahnNew York Court of Appeals · 1979
- Seittelman v. SabolNew York Court of Appeals · 1998
- Beer Garden, Inc. v. New York State Liquor AuthorityNew York Court of Appeals · 1992
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brooks v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2009
- Office Building Associates, LLC v. Empire Zone Designation BoardAppellate Division of the Supreme Court of the State of New York · 2012
- Office Building Associates, LLC v. Empire Zone Designation BoardAppellate Division of the Supreme Court of the State of New York · 2012