Leo v. General Electric Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Harwood, J.
We are called upon to determine whether commercial fishermen and their representative associations are aggrieved by the discharge of pollutants into public waters, resulting, for reasons of public safety, in a ban by the New York State Department of Environmental Conservation (hereinafter DEC) on the sale of striped bass throughout New York State. We hold that the plaintiffs have standing to maintain the instant action. We also reject the defendant’s argument that plaintiffs’ claims for monetary and injunctive relief have been preempted by Federal legislation.…
2Cases cited18 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- New York State Department of Social Services v. DublinoSupreme Court of the United States · 1973
- International Paper Co. v. OuelletteSupreme Court of the United States · 1987
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
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3Cited by29 opinions
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- Hoover v. GeraldAppellate Division of the Supreme Court of the State of New York · 1995
- Johnson v. Bryco ArmsDistrict Court, E.D. New York · 2004
- Concerned Area Residents for the Environment v. Southview FarmDistrict Court, W.D. New York · 1993
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