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MATTER OF ENTERGY NUCLEAR INDIAN POINT 2, LLC v. NEW YORK STATE DEPT. OF STATE

519466

130 A.D.3d 1190 (2015)

14 N.Y.S.3d 177

2015 NY Slip Op 05988

In the Matter of ENTERGY NUCLEAR INDIAN POINT 2, LLC, et al., Appellants, v. NEW YORK STATE DEPARTMENT OF STATE et al., Respondents.

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

Decided July 9, 2015.

Petitioners are the owners and operators of Indian Point Energy Center, a nuclear power facility. In July 2012, respondent Secretary of State, acting upon the recommendation of respondent Department of Environmental Conservation (hereinafter DEC), declared that the statutorily protected significant environmental habitat located at miles...

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