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PORT OF OSWEGO v. GRANNIS

10296-08

24 Misc.3d 1042 (2009)

881 N.Y.S.2d 283

In the Matter of PORT OF OSWEGO AUTHORITY et al., Petitioners-Plaintiffs, v. PETE GRANNIS, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents-Defendants, and NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Intervenors-Respondents.

Supreme Court of the State of New York, Albany County.

Decided May 21, 2009.

Attorney(s) appearing for the Case

Carter Ledyard & Milburn LLP, New York City (Christine A. Fazio and Judith Wallace of counsel), for petitioners-plaintiffs.

Andrew M. Cuomo, Attorney General, Albany (Timothy Hoffman and Lisa M. Burianek of counsel), for respondents-defendants.

Natural Resources Defense Council, Chicago, Illinois (Thomas Cmar and Shannon Fisk of counsel), and Marc S. Gerstman, Albany, for intervenors-respondents.

OPINION OF THE COURT

ROBERT A. SACKETT, J.

In this combined CPLR article 78 proceeding and complaint, petitioners-plaintiffs challenge three conditions included in the Clean Water Act Section 401 Certification for Commercial Vessel and Large Recreational Vessel General Permit (the 401 Certification) issued by the New York State Department of Environmental Conservation (DEC) on November 3, 2008 and seek an order severing and vacating conditions one, two and...

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