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UNITED PETROLEUM v. WILLIAMS

102 A.D.2d 491 (1984)

In the Matter of United Petroleum Association, Inc., Respondent, v. Henry G. Williams, as Commissioner of The New York State Department of Environmental Conservation, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 12, 1984

Attorney(s) appearing for the Case

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

LeBoeuf, Lamb, Leiby & MacRae (G. S. Peter Bergen and Molly S. Boast of counsel), for respondent.

Roland & Fogel (Usher Fogel of counsel), for Empire State Petroleum Association, Inc., amicus curiae.

MAHONEY, P. J., KANE, WEISS and MIKOLL, JJ., concur.

CASEY, J.

Special Term erred in annulling respondent's newly promulgated regulations concerning waste fuel (6 NYCRR subpart 225-2) for failure to prepare an environmental impact statement. The negative declaration, finding no significant environmental effect, issued after public hearings, eliminated the need for an environmental impact statement.

In August, 1982, the Department of Environmental Conservation...

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