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MTR. DE RHAM v. DIAMOND

32 N.Y.2d 34 (1973)

In the Matter of Richard D. de Rham, as Treasurer of Scenic Hudson Preservation Conference, et al., Appellants, v. Henry L. Diamond, as State Commissioner of Environmental Conservation, Respondent, and Consolidated Edison Company of New York, Inc. et Ano., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided March 14, 1973.

Attorney(s) appearing for the Case

Albert K. Butzel, Peter A. Berle and David Sive for Richard D. de Rahm and others, appellants.

Norman Redlich, Corporation Counsel (Evelyn J. Junge, Evan A. Davis and Ira H. Zuckerman of counsel), for City of New York, appellant.

John M. Burns, III for The Hudson River Fishermen's Association, Inc., appellant.

Louis J. Lefkowitz, Attorney-General (Julius Feinstein, Ruth Kessler Toch and Stanley Fishman of counsel), for respondent.

Carl D. Hobelman and G. S. Peter Bergen for intervenors-respondents.

Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER concur; Judge BREITEL taking no part.

Chief Judge FULD.

The State Commissioner of Environmental Conservation, acting pursuant to section 21 (subd. [b]) of the Federal Water Pollution Control Act, determined that there is "reasonable assurance" that construction and operation of Consolidated Edison's Cornwall Project will not violate or contravene water quality standards applicable to the waters of the Hudson River. On this appeal, the scope of judicial...

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