LONG LAKE ENERGY CORP. v. DEC


164 A.D.2d 396 (1990)

In the Matter of Long Lake Energy Corporation, Respondent, v. New York State Department of Environmental Conservation, Appellant

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

December 6, 1990


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Kathleen Liston Morrison and Peter H. Schiff of counsel), for appellant.

Donald B. Dillport and Sanford L. Hartman (Nixon, Hargrave, Devans & Doyle [Sean Mullany and David Spence] of counsel), for respondent.

MIKOLL, LEVINE, MERCURE and HARVEY, JJ., concur.


WEISS, J. P.

It is now well established in this State that respondent, acting upon an application for State water quality certification of a hydroelectric project as a prerequisite to the issuance of a Federal license therefor under the Federal Water Pollution Control Act (also known as the Clean Water Act; see, 33 USC § 1251 et seq.), is solely limited to determining whether applicable water...

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