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PEOPLE v. CONSOL. EDISON CO. OF NEW YORK, INC.

34 N.Y.2d 646 (1974)

The People of the State of New York, Appellant, v. Consolidated Edison Company of New York, Inc., Respondent.

Court of Appeals of the State of New York.

Decided March 28, 1974.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Philip Weinberg, Samuel A. Hirshowitz and James P. Corcoran of counsel), for appellant.

Ernest J. Williams, Garrett E. Austin, Barry S. Goldstein and Joel M. Lasker for respondent.

Angus MacBeth and Sarah Chasis for Hudson River Fishermen's Association, amicus curiae.

Donald F. Menagh for Utility Workers Union of America, Local 1-2, AFL-CIO, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

MEMORANDUM.

Standing undenied is the lamentable fact that thousands of fish have been killed in the wire mesh protecting the water intake systems used for cooling defendant's condensers at its nuclear power plant known as Indian River Unit No. 2, located in the Hudson River near Buchanan, New York. This situation and others like it, where industrial processes are a source of danger to wildlife are governed by statutory proscription...

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