TOWN OF SOUTHAMPTON v. DEC

No. 1.

39 N.Y.3d 201 (2023)

205 N.E.3d 426

184 N.Y.S.3d 706

2023 NY Slip Op 00689

In the Matter of TOWN OF SOUTHAMPTON et al., Respondents, et al., Petitioner, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents, and SAND LAND CORPORATION et al., Appellants.

Court of Appeals of New York.

Decided February 9, 2023.


Attorney(s) appearing for the Case

Brown, Duke & Fogel, P.C., Syracuse ( Gregory M. Brown , of counsel), for appellants.

Volz & Vigliotta, PLLC, Nesconset ( David H. Arntsen , of counsel), for Town of Southampton, respondent; Friedman Kaplan Seiler & Adelman LLP, New York City ( Robert S. Smith of counsel), and Tooher & Barone, LLP, Albany ( Meave M. Tooher of counsel), for 101Co, LLC and others, respondents; Braymer Law, PLLC, Glens Falls ( Claudia K Braymer of counsel), for Citizens Campaign for the Environment and others, respondents; and Aaronson Rappaport Feinstein & Deutsch, LLP, New York City ( Zachary Murdock of counsel), for Joseph Phair and others, respondents.

Couch White, LLP, Albany ( Adam J. Schultz and Alita J. Giuda of counsel), for New York Construction Materials Association, Inc., amicus curiae.

Earthjustice, New York City ( Dror Ladin and Michael Youhana , of counsel), for Sierra Club, amicus curiae.


OPINION OF THE COURT

The question raised on this appeal is whether Environmental Conservation Law § 23-2703(3) bars the Department of Environmental Conservation (DEC) from processing all applications for permits to mine in covered counties, including applications...

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