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MATTER OF NEW YORK STATE SUPERFUND COALITION, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

506865

68 A.D.3d 1588 (2009)

2009 NY Slip Op 10015

892 N.Y.S.2d 594

In the Matter of NEW YORK STATE SUPERFUND COALITION, INC., Respondent, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Appellants.

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

Decided December 31, 2009.

STEIN, J.

In 1979, the Legislature created the State Superfund Program to address the threats associated with inactive hazardous waste disposal sites (see ECL art 27, tit 13).1 Respondent Department of Environmental Conservation (hereinafter DEC) is responsible for administering the program. Pursuant to statute, DEC is empowered to require the development and implementation of remedial programs for sites at which the Commissioner...

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