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MATTER OF NEW YORK CONSTRUCTION MATERIALS ASSOCIATION, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

510593.

83 A.D.3d 1323 (2011)

921 N.Y.S.2d 686

In the Matter of NEW YORK CONSTRUCTION MATERIALS ASSOCIATION, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided April 21, 2011.

GARRY, J.

In August 2006, the Legislature enacted the Diesel Emissions Reduction Act (hereinafter DERA) to address the public health threat posed by diesel fuel combustion (see L 2006, ch 629, §§ 1, 2; ECL 19-0323). Under DERA, diesel powered heavy duty vehicles "owned by, operated by or on behalf of, or leased by" state agencies and certain public authorities are required to use ultra low sulfur diesel fuel (hereinafter ULSD) and the best available...

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