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 Corporation et al., Respondents,
v.
New York State Department of Environmental Conservation et al., Appellants. (Proceeding No. 2.)
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
January 19, 1989
January 19, 1989
Attorney(s) appearing for the Case
Robert Abrams, Attorney-General (David A. Munro, Peter H. Schiff and Douglas H. Ward of counsel), for New York State Department of Environmental Conservation and others, appellants.
Nixon, Hargrave, Devans & Doyle (Thomas S. West, Domenick L. Gabrielli, Robert J. Alessi and Thomas F. Walsh of counsel), for New York State Superfund Coalition, Inc., respondent.
LeBouf, Lamb, Leiby & Mac Rae (Dennis P. Harkawik, Leon A. Allen, Jr., Bert H. Ware and Jessie T. Wilkins of counsel), for Central Hudson Gas & Electric Corporation, respondent.
MAHONEY, P. J., MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Third Department.
KANE, J.
ECL article 27, title 13 relates to inactive hazardous waste disposal sites. Under ECL 27-1313 (3) (a), if respondent Commissioner of Environmental Conservation finds that hazardous wastes at a particular site "constitute a significant threat to the environment", he may order the owner of such site to develop a remedial clean-up program. The Commissioner is...
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