Legal Opinion

Fourth Branch Associates v. Department of Environmental Conservation

New York Supreme Court

Decided November 15, 1989Published

1Opinion of the Court

OPINION OF THE COURT

Joseph Harris, J.

Petitioners, by this proceeding pursuant to CPLR article 78, seek judgment declaring null and void a "Notice of Complete Application and Determination of No Significance”, dated April 29, 1989, and a "401 Water Quality Certificate”,1 both issued by the New York State Department of Environmental Conservation (NYSDEC), for a proposed New York State dam hydroelectric project (State Dam Project), signifying that said project will not contravene State water quality standards.

The instant controversy centers around a proposed hydroelectric project to be located…

2Cases cited10 opinions

  1. First Iowa Hydro-Electric Cooperative v. Federal Power CommissionSupreme Court of the United States · 1946
  2. Chinese Staff & Workers Ass'n v. City of New YorkNew York Court of Appeals · 1986
  3. Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
  4. H.O.M.E.S. v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  5. Udall v. Federal Power CommissionSupreme Court of the United States · 1967

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