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INDIAN POINT 2 v. DEC

3 Misc.3d 1070 (2004)

777 N.Y.S.2d 591

In the Matter of ENTERGY NUCLEAR INDIAN POINT 2, LLC, et al., as Respective Owners of INDIAN POINT 2 and INDIAN POINT 3, et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents. In the Matter of MIRANT BOWLINE, LLC, Petitioner, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Supreme Court, Albany County.

March 3, 2004.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Lisa M. Burianek of counsel), for New York State Department of Environmental Conservation and another, respondents.

Goodwin Procter LLP, Boston, Massachusetts (Elise N. Zoli of counsel), for Entergy Nuclear Indian Point 2, LLC, and others, petitioners.

Couch White LLP, Albany (Morgan E. Parke of counsel), and McGuire Woods LLP, New York City (Philip Goldstein of counsel), for Mirant Bowline, LLC, petitioner.

LeBoeuf, Lamb, Greene & Mac-Rae LLP, Albany (Robert J. Alessi of counsel), for Dynegy Roseton, LLC, and another, respondents.

OPINION OF THE COURT

THOMAS W. KEEGAN, J.

Petitioners have commenced CPLR article 78 proceedings challenging the final environmental impact statement (hereinafter FEIS) issued by the New York State Department of Environmental Conservation (hereinafter DEC) with respect to renewals of SPDES permits for several electricity generating facilities which use Hudson River water for cooling. The FEIS appears to be final in name only, as many issues have been left...

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