IN THE MATTER OF TOWN OF WATERFORD v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

506811.

2010 NY Slip Op 06388

IN THE MATTER OF TOWN OF WATERFORD, Respondent-Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Appellant-Respondent.

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

Decided August 12, 2010.


Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Paul Groenwegen of counsel), for appellant-respondent.

Dreyer Boyajian L.L.P., Albany (Craig M. Crist of counsel), for respondent-appellant.

Before: Cardona, P.J., Mercure, Malone Jr., Kavanagh and Egan Jr., JJ.


KAVANAGH, J.

Petitioner is a Saratoga County municipality located in a water district that draws its drinking water from the Hudson River1 . The Department of Health (hereinafter DOH), the United States Environmental Protection Agency (hereinafter the EPA) and respondent have overlapping jurisdiction and share statutory responsibility for the preparation and subsequent implementation of a hazardous waste remediation plan designed to ameliorate...

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