POWER AUTH. v. WILLIAMS


60 N.Y.2d 315 (1983)

In the Matter of the Power Authority of the State of New York, Respondent, v. Henry Williams, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents, and Catskill Center for Conservation and Development, Inc., et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided November 29, 1983.


Attorney(s) appearing for the Case

Robert C. Stover and Stanley Bryer for intervenors-appellants.

Charles M. Pratt, Stephen L. Baum, Peter A. Giuntini and James P. Rigano for Power Authority of the State of New York, respondent.

Robert Abrams, Attorney-General (Marcia J. Cleveland, R. Scott Greathead, James A. Sevinsky and Lawrence A. Rappoport of counsel), for Henry G. Williams, respondent.

Philip H. Gitlen for Natural Resources Defense Council, Inc., and others, amici curiae.

Chief Judge COOKE and Judges JASEN, WACHTLER, MEYER, SIMONS and KAYE concur.


JONES, J.

In acting on an application for State section 401 certification of a hydroelectric project as a prerequisite to the issuance of a Federal license therefor, the Commissioner of Environmental Conservation is limited to determining whether applicable water quality standards will be met and is not empowered to base his decision on a balancing of need for the project against adverse environmental impact...

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