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MTR OF SIERRA CLUB v. MARTENS

2015-02317. Index No. 2949/14.

158 A.D.3d 169 (2018)

69 N.Y.S.3d 84

2018 NY Slip Op 00153

In the Matter of SIERRA CLUB et al., Appellants, v. JOSEPH MARTENS, Commissioner, New York State Department of Environmental Conservation, et al., Respondents.

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

Decided January 10, 2018.

Attorney(s) appearing for the Case

Lippes & Lippes, Buffalo (Richard J. Lippes of counsel), Rachel Treichler, Hammondsport, Gary Abraham, Allegany, and Jonathan L. Geballe, New York City, for appellants (one brief filed).

Eric T. Schneiderman, Attorney General, New York City (Anisha S. Dasgupta and Bethany A. Davis Noll of counsel), for respondent Joseph Martens, Commissioner, New York State Department of Environmental Conservation.

Barclay Damon, LLP, Albany (Yvonne E. Hennessey, Danielle E. Mettler-LaFeir, and Laura L. Mona of counsel), for respondent Trans Canada Ravenswood, LLC.

HALL, J.P., AUSTIN and SGROI, JJ., concur.

OPINION OF THE COURT

We hold that the issuance of an "initial permit" for making water withdrawals pursuant to Environmental Conservation Law § 15-1501 (9) is not a ministerial act that is excluded from the definition of "action" under the State Environmental Quality Review Act (hereinafter SEQRA; see ECL 8-0105...

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