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MATTER OF FMC CORP. v. NEW YORK STATE DEPT. OF ENVIRONMENTAL CONSERVATION

522187.

143 A.D.3d 1128 (2016)

2016 NY Slip Op 06929

40 N.Y.S.3d 220

In the Matter of FMC CORPORATION, Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

Decided October 20, 2016.

Petitioner is the owner and operator of a 103-acre facility that produced organic and inorganic pesticides, fungicides, herbicides and insecticides for more than 60 years in the Village of Middleport, Niagara County. Due to the manufacturing process and because petitioner dumped and stored chemical waste on its property, the soil, groundwater...

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