MATTER OF SIERRA CLUB v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

1093 CA 18-00648.

169 A.D.3d 1485 (2019)

94 N.Y.S.3d 741

2019 NY Slip Op 01022

In the Matter of Sierra Club et al., Appellants, v. New York State Department of Environmental Conservation et al., Respondents.

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

Decided February 8, 2019.


It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: In this CPLR article 78 proceeding, petitioners appeal from a judgment that denied their motion for a temporary injunction and granted defendants' respective motions to dismiss the amended petition against them. This matter involves the recent renovation of a power plant that burned coal to generate electricity for nearly 80 years. The plant went temporarily inactive in 2011...

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