Legal Opinion

Power Authority v. Williams

New York Court of Appeals

Decided November 29, 1983PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

In acting on an application for State section 401 certification of a hydroelectric project as a prerequisite to the issuance of a Federal license therefor, the Commissioner of Environmental Conservation is limited to determining whether applicable water quality standards will be met and is not empowered to base his decision on a balancing of need for the project against adverse environmental impact.

This case arises out of the decision by the Power Authority of the State of New York (PASNY) to construct a pumped storage power facility in the Catskill Mountains…

2Cases cited4 opinions

  1. F. J. Zeronda, Inc. v. Town BoardNew York Court of Appeals · 1975
  2. de Rham v. DiamondNew York Court of Appeals · 1973
  3. Power Authority v. New York State Department of Environmental ConservationNew York Court of Appeals · 1983
  4. Power Authority v. FlackeAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by14 opinions

  1. Pud No. 1 of Jefferson County v. Washington Department of EcologySupreme Court of the United States · 1994
  2. New York City Transit Authority v. State Division of Human RightsNew York Court of Appeals · 1991
  3. Bangor Hydro-Electric Co. v. Board of Environmental ProtectionSupreme Judicial Court of Maine · 1991
  4. Niagara Mohawk Power Corp. v. New York State Department of Environmental ConservationNew York Court of Appeals · 1993
  5. Erie Boulevard Hydropower, L.P. v. Stuyvesant Falls Hydro Corp.Appellate Division of the Supreme Court of the State of New York · 2006

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