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APPALACHIAN CLUB v. FLACKE

109 Misc.2d 514 (1980)

In the Matter of New York Chapter of the Appalachian Mountain Club, Inc., et al., Petitioners, v. Robert F. Flacke, as Commissioner of the Department of Environmental Conservation, et al., Respondents.

Supreme Court, Special Term, New York County.

September 15, 1980

Attorney(s) appearing for the Case

Norwich, Raggio, Jaffe & Kayser (Robert E. Stover of counsel), for petitioners. Donovan Leisure Newton & Irvine (Paul A. Alexis of counsel), for respondents. Michael D. McDonald and Darrell W. Harp for intervenor.

BENTLEY KASSAL, J.

ISSUE

The Commissioner of Environmental Conservation has promulgated very arcane and esoteric regulations regarding environmental controls. The issue presented here is whether he has fully complied with these very rules in his approval of one phase of Westway (the proposed New York City Westside Highway Project). The answer to this question requires an excursion into the complex maze of two different repositories of environmental...

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