Respondent concedes that the New York State Department of Environmental Conservation, during permit proceedings pursuant to 6 NYCRR parts 201 and 360, would not conduct an administrative review of the issuance of the negative declaration by the New York City Department of Sanitation, thus denying petitioners an opportunity to make a substantive challenge to that determination on the merits. Accordingly, we reverse and remand in order that the issues raised in the petition...
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