CATSKILL MTNS. CH v. SHEEHAN

506772

71 A.D.3d 235 (2010)

892 N.Y.S.2d 651

In the Matter of CATSKILL MOUNTAINS CHAPTER OF TROUT UNLIMITED, INC., et al., Respondents, v. DENISE M. SHEEHAN, as Commissioner of Environmental Conservation, et al., Respondents, and CITY OF NEW YORK et al., Appellants.

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

Decided January 7, 2010.


Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Julie Steiner of counsel), for appellants.

Daniel E. Estrin , Pace Environmental Litigation Clinic, Inc., White Plains, for Catskill Mountains Chapter of Trout Unlimited, Inc. and others, respondents.

Andrew M. Cuomo , Attorney General, New York City ( Gregory J. Nolan of counsel), for Denise M. Sheehan and another, respondents.

CARDONA, P.J., LAHTINEN, McCARTHY and GARRY, JJ., concur.


OPINION OF THE COURT

KAVANAGH, J.

Respondent New York City Department of Environmental Protection operates the New York City Catskill Water Supply System and, as part of that system, transfers water from the Schoharie Reservoir in Delaware County through the Shandaken Tunnel into the Esopus Creek, which flows into the Ashokan Reservoir in Ulster County. In March 2000, petitioners—five not-for-profit corporations...

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