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IN THE MATTER OF NRG ENERGY, INC. v. CROTTY

18 A.D.3d 916 (2005)

795 N.Y.S.2d 129

In the Matter of NRG ENERGY, INC., et al., Respondents, v. ERIN M. CROTTY, as Commissioner of Environmental Conservation, et al., Appellants. (Proceeding No. 1.) In the Matter of MULTIPLE INTERVENORS et al., Respondents-Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Appellant-Respondent. (Proceeding No. 2.) (And Another Related Proceeding.)

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

May 5, 2005.

Mercure, J.P.

These consolidated appeals involve challenges to repealed and emergency versions of Acid Deposition Reduction Program (hereinafter ADRP) regulations promulgated by respondent Department of Environmental Conservation (hereinafter DEC; see 6 NYCRR 200.9, parts 237, 238). Petitioners commenced two separate CPLR article 78 proceedings seeking a judgment annulling and setting aside the original version of the ADRP regulations, which were promulgated...

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