Association for a Better Long Island, Inc. v. New York State Department of Environmental Conservation

Petitioners Town of Riverhead, Town of Riverhead Community Development Agency, Jan Burman and M-GBC, LLC (hereinafter collectively referred to as petitioners) and another commenced combined CPLR article 78 proceedings and declaratory judgment actions challenging, on various procedural and substantive grounds, regulations issued by respondent New York State Department of Environmental Conservation that require “incidental take” permits for any activity likely to result in the “taking” of any endangered or threatened species (see 6 NYCRR part 182). As relevant here, the regulations define…