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CHEM. MFRS ASSN v. JORLING

85 N.Y.2d 382 (1995)

649 N.E.2d 1145

626 N.Y.S.2d 1

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

Court of Appeals of the State of New York.

Decided February 9, 1995.

Attorney(s) appearing for the Case

McKenna & Cuneo (Charles A. O'Connor, III, and Thomas B. Johnson, of the District of Columbia Bar, admitted pro hac vice, of counsel), and Hinman Straub, Pigors & Manning, P. C., Albany (Eileen M. Considine and Beverly Cohen of counsel), for appellants.

G. Oliver Koppell, Attorney-General, Albany (Maureen F. Leary, Jerry Boone, Peter F. Schiff and Val Washington of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE and SMITH concur with Judge LEVINE; Judge CIPARICK dissents in a separate opinion in which Judge BELLACOSA concurs.

LEVINE, J.

In response to a report by the New York Department of Health recommending that the Department of Environmental Conservation (DEC) promulgate a regulation limiting the concentration of a pesticide called DEET (N, N-diethyl-m-toluamide) in products sold in New York, DEC notified DEET product registrants of a proposed rule that would amend the existing list...

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