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  5. 75 N.Y.2d 88 (1989)
 

SUPERFUND COALITION v. DEC

75 N.Y.2d 88 (1989)

In the Matter of New York State Superfund Coalition, Inc., et al., Respondents, v. New York State Department of Environmental Conservation et al., Appellants. (Proceeding No. 1.) In the Matter of Central Hudson Gas & Electric Corp. et al., Respondents, v. Department of Environmental Conservation of the State of New York et al., Appellants. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided December 21, 1989.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (David A. Munro, Peter H. Schiff and Douglas H. Ward of counsel), for appellants.

Thomas S. West, Domenick L. Gabrielli, Robert J. Alessi and Thomas F. Walsh for New York State Superfund Coalition, Inc., and others, respondents.

Dennis P. Harkawik, Leon A. Allen, Jr., Bert H. Ware and Jesse T. Wilkins for Central Hudson Gas & Electric Corp. and others, respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and TITONE concur; Judge HANCOCK, JR., taking no part.

BELLACOSA, J.

This case and appeal concern the "Superfund" regulatory scheme, enacted by the Legislature and enforced by the Department of Environmental Conservation (DEC), addressing the enormous environmental problems associated with inactive hazardous waste disposal sites. When a threat to the environment from such sites becomes "significant", appellant DEC is statutorily empowered to order the landowner or...

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