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NATURAL RESOURCES, INC. v. DEC

1885-2011.

35 Misc.3d 652 (2012)

940 N.Y.S.2d 437

2012 NY Slip Op 22057

In the Matter of NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

Supreme Court, Westchester County.

Decided January 10, 2012.

Attorney(s) appearing for the Case

Lawrence M. Levine , New York City, for Natural Resources Defense Council, Inc., petitioner.

Reed W. Super , New York City, for Riverkeeper, Inc. and others, petitioners.

Eric T. Schneiderman , Attorney General, New York City ( Kevin G.W. Olson of counsel), for respondent.

OPINION OF THE COURT

JOAN B. LEFKOWITZ, J.

The petition for judgments pursuant to CPLR article 78 and CPLR 3001 is granted in part and denied in part.

Factual and Procedural Background

Federal and State Pollutant Discharge Elimination Permits

The Federal Water Pollution Control Act (also known as the Clean Water Act [hereafter, CWA]) (see 33 USC § 1251 et seq.), inter alia, created the national pollutant...

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