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IN THE MATTER OF CITIZENS' ENVIRONMENTAL COALITION, INC. v. NEW YORK STATE DEPT. OF ENVIRONMENTAL CONSERVATION

57 A.D.3d 1279 (2008)

871 N.Y.S.2d 435

In the Matter of CITIZENS' ENVIRONMENTAL COALITION, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

December 24, 2008.

Mercure, J.P.

In 2003, the Legislature passed the Brownfield Cleanup Program Act "to encourage [the] cleanup and redevelopment of brownfield," or hazardous waste, sites (ECL 27-1403; see Weinberg, Practice Commentaries, McKinney's Cons Laws of NY, Book 17½, ECL 27-1401, at 365). Under the Act, developers receive substantial tax credits and release from future liability in exchange for cleaning up brownfield sites. Respondent Department of Environmental...

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