STOP-THE-BARGE v. CAHILL


298 A.D.2d 817 (2002)

750 N.Y.S.2d 148

STOP-THE-BARGE, by its President KATHLEEN GILRAIN, et al., Appellants, v. JOHN P. CAHILL, as Commissioner of Environmental Conservation, et al., Respondents.

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

Decided October 31, 2002.


Rose, J.

In January 2000, respondent New York City Department of Environmental Protection (hereinafter DEP), acting as lead agency, issued a conditioned negative declaration concerning an application by respondent NYC Energy, LLC, (hereinafter NYCE) to construct a 79.9 megawatt power generation facility on a barge to be docked in the Brooklyn Navy Yard in Kings County. After reviewing NYCE's ECL article 19 air permit application, conducting a nonadjudicatory hearing...

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