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ONONDAGA LANDFILL v. FLACKE

106 Misc.2d 207 (1980)

Onondaga Landfill Systems, Inc., Plaintiff, v. Robert F. Flacke, as Commissioner of the Department of Environmental Conservation of the State of New York, et al., Defendants.

Supreme Court, Onondaga County.

March 31, 1980

Attorney(s) appearing for the Case

Crystal, Manes & Rifken, P. C. (Sidney Manes of counsel), for plaintiff. Robert Abrams, Attorney-General (Francis J. Keehan of counsel), for defendants.

GEORGE G. INGLEHART, J.

This CPLR article 78 proceeding is brought to compel the Department of Environmental Conservation (DEC) to issue a mining permit to the petitioner, a domestic corporation engaged in the landfill business.

DEC maintains that it cannot issue a mining permit until an Environmental Impact Statement (EIS) is filed. The preparation and filing of an EIS in itself is a major and costly...

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