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IN THE MATTER OF RIVERKEEPER, INC. v. CROTTY

28 A.D.3d 957 (2006)

814 N.Y.S.2d 322

In the Matter of RIVERKEEPER, INC., et al., Respondents, v. ERIN CROTTY, as Commissioner of Environmental Conservation, et al., Appellants.

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

April 20, 2006.

Mercure, J.P.

Respondent Dynergy Northeast Generation, Inc. owns and operates the Danskammer power plant, which is located on the Hudson River near the City of Newburgh, Orange County. Danskammer houses four steam turbine generator units that produce electricity. To cool the steam condensers, the plant uses a process called "once-through cooling," which consists of drawing water out of the Hudson River, passing it through the steam condensers and then discharging...

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