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  5. 71 N.Y.2d 186 (1988)
 

CON EDISON CO. v. DEC

71 N.Y.2d 186 (1988)

In the Matter of Consolidated Edison Company of New York, Inc., Respondent, v. Department of Environmental Conservation et al., Appellants.

Court of Appeals of the State of New York.

Decided January 7, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Ezra I. Bialik, O. Peter Sherwood, Peter H. Schiff and Peter G. Crary of counsel), for appellants.

Brent L. Brandenburg and Sara Schoenwetter for respondent.

Davison W. Grant for Central Hudson Gas & Electric Corporation and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE and ALEXANDER concur with Judge TITONE; Judge BELLACOSA concurs in result in a separate opinion; Judge HANCOCK, JR., taking no part.

TITONE, J.

The issue presented on this appeal is whether the broad power of the Department of Environmental Conservation (DEC) and the Commissioner of Environmental Conservation (Commissioner) to regulate the bulk storage of petroleum was superseded by the Oil Spill Prevention, Control and Compensation Act of 1977 and the 1983 Control of the Bulk Storage of Petroleum Act. We hold that the 1977 and 1983 Acts did...

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