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POWER AUTH v. NYS ENVIRON

58 N.Y.2d 427 (1983)

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

Court of Appeals of the State of New York.

Decided March 30, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Lawrence A. Rappoport, Peter H. Schiff and James A. Sevinsky of counsel), for appellant.

Robert C. Stover for intervenors-appellants.

Charles M. Pratt, Stephen L. Baum, Peter A. Giuntini and James P. Rigano for respondent.

Chief Judge COOKE and Judges JASEN, JONES, FUCHSBERG and SIMONS concur; Judge WACHTLER taking no part.

MEYER, J.

Under section 204 of the State Administrative Procedure Act the Department of Environmental Conservation (DEC) had authority to issue a declaratory ruling concerning whether the Prattsville Pumped Storage Project (Project) requires certification under section 401 of the Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act of 1977 (US Code, tit 33, § 1341), or a State Pollutant...

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