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NY SUPERFUND v. NYSDEC

No. 189.

18 N.Y.3d 289 (2011)

938 N.Y.S.2d 266

2011 NY Slip Op 8996

In the Matter of NEW YORK STATE SUPERFUND COALITION, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Court of Appeals of New York.

Decided December 15, 2011.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP, Rochester ( Thomas F. Walsh , Thomas J. Warth and Danielle E. Mettler of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Andrew B. Ayers , Barbara D. Underwood and Denise A. Hartman of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and READ concur with Judge JONES; Judge PIGOTT dissents and votes to reverse in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT

JONES, J.

Petitioner New York State Superfund Coalition, Inc. (Superfund Coalition) commenced this combined CPLR article 78 proceeding and declaratory judgment action to challenge certain regulations promulgated by the New York State Department of Environmental Conservation (DEC or the Department) with respect to remedial programs implemented to clean "inactive hazardous waste disposal...

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