Legal Opinion
Power Authority v. New York State Department of Environmental Conservation
New York Court of Appeals
Decided March 30, 1983PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Under section 204 of the State Administrative Procedure Act the Department of Environmental Conservation (DEC) had authority to issue a declaratory ruling concerning whether the Prattsville Pumped Storage Project (Project) requires certification under section 401 of the Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act of 1977 (US Code, tit 33, § 1341), or a State Pollutant Discharge Elimination System (SPDES) permit under ECL 17-0803, even though the facts upon which DEC was requested to rule were not established by evidence or…
2Cases cited4 opinions
- People v. FullerNew York Court of Appeals · 1982
- City of Des Moines v. Public Employment Relations BoardSupreme Court of Iowa · 1979
- Lutwin v. AlleyneNew York Court of Appeals · 1983
- Power Authority v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by7 opinions
- Power Authority v. WilliamsNew York Court of Appeals · 1983
- In re Declaratory Ruling re SDCL 62-1-1(6)South Dakota Supreme Court · 2016
- Power Authority v. FlackeAppellate Division of the Supreme Court of the State of New York · 1983
- Power Authority v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1984
- City of New York v. New York State Department of HealthNew York Supreme Court · 1995
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