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NIAGARA MOHAWK POWER v. DEC

82 N.Y.2d 191 (1993)

624 N.E.2d 146

604 N.Y.S.2d 18

In the Matter of Niagara Mohawk Power Corporation, Respondent, v. New York State Department of Environmental Conservation et al., Appellants.

Court of Appeals of the State of New York.

Decided November 11, 1993.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Kathleen Liston Morrison, Jerry Boone and Peter H. Schiff of counsel), for appellants.

Brian K. Billinson, Syracuse, Hiscock & Barclay, Albany (Timothy P. Sheehan of counsel), and Swidler & Berlin (Kenneth G. Jaffe and Joel deJesus of counsel, of the District of Columbia Bar, admitted pro hac vice), for respondent.

Richard Roos-Collins and Jessica Notini, of the California Bar, admitted pro hac vice, for New York Rivers United and others, amici curiae.

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

BELLACOSA, J.

The New York State Department of Environmental Conservation (DEC) appeals by leave granted from this Court to review the Appellate Division's order affirming Supreme Court's judgment in favor of Niagara Mohawk Power Corporation. We agree with both courts that the DEC's effort to broaden its scope of review under the Clean Water Act to include aspects of ECL article 15 is unfounded. For purposes...

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