INDUS. LIAISON v. FLACKE


125 Misc.2d 641 (1984)

In the Matter of the Industrial Liaison Committee of the Niagara Falls Chamber of Commerce et al., Petitioners, v. Robert F. Flacke, as Commissioner of the New York State Department of Environmental Conservation, Respondent.

Supreme Court, Special Term, Albany County.

September 7, 1984


Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna (John Hanna, Jr., of counsel), for petitioners. Robert Abrams, Attorney-General (James A. Sevinsky and Francis J. Keehan of counsel), for respondent. Terris & Sunderland for intervenors.


LAWRENCE E. KAHN, J.

On October 5, 1982, the New York Department of Environmental Conservation (DEC) issued a State Pollution Discharge Elimination System (SPDES) permit, which established guidelines for discharge by the Niagara Falls Wastewater Treatment Plant (NFWTP), into the Niagara River. The instant CPLR article 78 proceeding was commenced on or about December 3, 1982, and originally returnable on February 11, 1983. Upon stipulation between the...

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