Western Land Services, Inc. v. Department of Environment Conservation
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Carpinello, J.
At issue in this CPLR article 78 proceeding is petitioners’ challenge to a determination by respondent Department of Environmental Conservation (hereinafter DEC) interpreting its powers under ECL 23-0901 to regulate the drilling of wells for natural gas. Specifically, petitioners allege that this determination was affected by errors of law and was arbitrary and capricious (see CPLR 7803 [3]). Supreme Court granted some of the relief sought by petitioners in that it invalidated a portion of DEC’s determination, thus prompting cross appeals by the parties.
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2Cases cited6 opinions
- Albano v. KirbyNew York Court of Appeals · 1975
- Chemical Specialties Manufacturers Ass'n v. JorlingNew York Court of Appeals · 1995
- Wagner v. . MalloryNew York Court of Appeals · 1902
- Envirogas, Inc. v. ChuAppellate Division of the Supreme Court of the State of New York · 1986
- Envirogas, Inc. v. Consolidated Gas Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1983
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- Talisman Energy USA, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2014
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