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CHEM. MFRS. v. JORLING

197 A.D.2d 314 (1994)

In the Matter of Chemical Specialities Manufacturers Association et al., Respondents, v. Thomas C. Jorling, as Commissioner of The New York State Department of Environmental Conservation, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 5, 1994

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Maureen F. Leary, Peter H. Schiff and Douglas H. Ward of counsel), for appellants.

Hinman, Straub, Pigors & Manning, Albany (Eileen M. Considine and Beverly Cohen of counsel), and McKenna & Cuneo, Washington, D.C. (Charles A. O'Connor, III, and Thomas B. Johnston of counsel), for respondents.

MIKOLL, J. P., CREW III, WHITE and PETERS, JJ., concur.

CASEY, J.

At issue on this appeal is whether respondent Commissioner of Environmental Conservation has the authority to promulgate a regulation that effectively prohibits the sale, use or distribution in the State of products containing high concentrations of the pesticide commonly known as DEET. We conclude that the Commissioner has such authority and that the record contains evidence that establishes a rational...

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