Legal Opinion
Natural Resources Defense Council, Inc. v. New York State Department of Environmental Conservation
New York Supreme Court
Decided January 10, 2012PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Joan B. Lefkowitz, J.
The petition for judgments pursuant to CPLR article 78 and CPLR 3001 is granted in part and denied in part.
Factual and Procedural Background Federal and State Pollutant Discharge Elimination Permits
The Federal Water Pollution Control Act (also known as the Clean Water Act [hereafter, CWA]) (see 33 USC § 1251 et seq.), inter alia, created the national pollutant discharge elimination system (hereafter, NPDES) (33 USC § 1342), whereby the point source discharge of water pollution to surface waters was prohibited except in compliance with a permit therefor…
2Cases cited4 opinions
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Texas Independent Producers and Royalty Owners Association v. Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 2005
- Niagara Mohawk Power Corp. v. New York State Department of Environmental ConservationNew York Court of Appeals · 1993
- Texas Cities Coalition on Stormwater v. Environmental Protection AgencySupreme Court of the United States · 2004
3Cited by4 opinions
- Matter of Natural Resources Defense Council, Inc. v. New York State Department of Environmental ConservationNew York Court of Appeals · 2015
- Matter of Natural Resources Defense Council, Inc. v. New York State Department of Environmental ConservationNew York Court of Appeals · 2015
- Natural Resources Defense Council, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2013
- Natural Resources Defense Council, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2013