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MATTER OF FMC CORP. v. DEC

No. 41.

31 N.Y.3d 332 (2018)

101 N.E.3d 379

76 N.Y.S.3d 911

2018 NY Slip Op 03094

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

Court of Appeals of New York.

Decided May 1, 2018.

Attorney(s) appearing for the Case

Eric T. Schneiderman, Attorney General, Albany (Frederick A. Brodie, Barbara D. Underwood, Andrea Oser and Maureen F. Leary of counsel), for appellant.

Greenberg Traurig, LLP, Philadelphia, Pennsylvania (David G. Mandelbaum, of the Pennsylvania bar, admitted pro hac vice, and Caleb J. Holmes of counsel), and Hodgon Russ, LLP, Buffalo (Julia M. Hilliker and Rick W. Kennedy of counsel), for respondent.

OPINION OF THE COURT

The Appellate Division held that neither title 9 nor title 13 of article 27 of the Environmental Conservation Law authorized respondent Department of Environmental Conservation (DEC) to unilaterally remediate the significant threat posed by hazardous wastes...

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