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MTR OF NATURAL v. NYSDEC

No. 48

25 N.Y.3d 373 (2015)

34 N.E.3d 782

13 N.Y.S.3d 272

2015 NY Slip Op 03766

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

Court of Appeals of New York.

Decided May 5, 2015.

Attorney(s) appearing for the Case

Lawrence M. Levine and Rebecca J. Hammer , Natural Resources Defense Council, Inc., New York City, and Super Law Group, LLC, New York City ( Reed W. Super of counsel), for appellants.

Eric T. Schneiderman , Attorney General, New York City ( Barbara D. Underwood , Steven C. Wu and Bethany A. Davis Noll of counsel), for respondent.

Daniel E. Estrin , Pace Environmental Litigation Clinic, Inc., White Plains , for Nadia B. Ahmad and others, amici curiae.

Susan J. Kraham , Columbia Environmental Law Clinic, Morningside Heights Legal Services, Inc., New York City, for Citizens Campaign for the Environment, amicus curiae.

Rodenhausen Chale LLP, Rhinebeck ( George A. Rodenhausen of counsel), for East of Hudson Coalition, amicus curiae.

Zachary W. Carter , Corporation Counsel, New York City ( Amy McCamphill , Richard Dearing , Hilary Meltzer and Carrie Noteboom of counsel), for City of New York and others, amici curiae.

Order, insofar as appealed from, affirmed, with costs.

OPINION OF THE COURT

Runoff from rain and snow melt courses over roofs, roads, driveways and other surfaces, picking up pollutants along the way. It then passes through municipal storm sewer systems into rivers and lakes, adding the pollutants accumulated during its journey to...

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