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LEHIGH CEMENT CO. v. DEC

161 Misc.2d 652 (1994)

614 N.Y.S.2d 674

Lehigh Portland Cement Company, Petitioner, v. New York State Department of Environmental Conservation, Respondent.

Supreme Court, Albany County.

June 16, 1994

Attorney(s) appearing for the Case

Rapport, Meyers, Griffen & Whitbeck, P. C., Hudson (Seth Rapport of counsel), for petitioner. G. Oliver Koppell, Attorney-General, Albany (Lawrence A. Rappoport of counsel), for respondent.

HAROLD J. HUGHES, J.

The petition will be dismissed.

Petitioner operates a wet process cement manufacturing plant in Catskill, New York. The plant employs 140 people and pays over $550,000 in local taxes. The raw materials used to make cement are limestone, red shale, water and gypsum. The minerals in the limestone and red shale are silica, alumina, iron and calcium. The manufacturing process involves...

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