COMMONWEALTH v. NY ELEC. BD.


197 A.D.2d 97 (1994)

In the Matter of Commonwealth of Massachusetts et al., Petitioners, v. New York State Board On Electric Generation Siting and the Environment et al., Respondents. (Proceeding No. 1.) In the Matter of Concerned Citizens for the Environment, Inc., Petitioner, v. New York State Board On Electric Generation Siting and the Environment et al., Respondents. (Proceeding No. 2.)

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

April 14, 1994


Attorney(s) appearing for the Case

Scott Harshbarger, Attorney General, Boston, Massachusetts (Matthew Brock of counsel), for Commonwealth of Massachusetts, petitioner.

Jeffrey L. Amestoy, Attorney General, Montpelier, Vermont (J. Wallace Malley, Jr., of counsel), for State of Vermont, petitioner.

Bernstein, Cushner & Kimmell, P. C., Boston, Massachusetts (Jeffrey M. Bernstein of counsel), for Sierra Club, Inc., petitioner.

Kenneth G. Dufty, Schaghticoke, Concerned Citizens for the Environment, Inc., petitioner pro se.

Twomey, Latham, Shea & Kelley, Riverhead (John F. Shea, III, of counsel), for petitioners.

William J. Cowan, Albany (Jonathan D. Feinberg of counsel), for New York State Board on Electric Generation Siting and the Environment, respondent.

Cohen, Dax, Koenig & Wiles, P. C., Albany (Jeffrey C. Cohen, John W. Dax, Ben Wiles and Richard B. Miller of counsel), for Inter-Power of New York, Inc., respondent.

CARDONA, P. J., MERCURE, WHITE and WEISS, JJ., concur.


CREW III, J.

In October 1988, respondent Inter-Power of New York, Inc. filed an application with respondent New York State Board on Electric Generation Siting and the Environment (hereinafter the Siting Board), pursuant to Public Service Law former article VIII,1 for a certificate of environmental compatibility and public need to construct a 210-megawatt coal-fired cogeneration facility...

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