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DANSKAMMER ENERGY, LLC v. DEC

Index No. EF008396-2021.

76 Misc.3d 196 (2022)

173 N.Y.S.3d 134

2022 NY Slip Op 22182

DANSKAMMER ENERGY, LLC, Plaintiff/Petitioner, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Defendants/Respondents.

Supreme Court, Orange County.

Decided June 8, 2022.

Attorney(s) appearing for the Case

Letitia James, Attorney General, Albany (Joshua Michael Tallent of counsel), for New York State Department of Environmental Conservation and others, defendants/respondents.

Greenberg Traurig, LLP, Albany, Steven C. Russo, New York City, and Barclay Damon Tower, Syracuse (Brenda Colella of counsel), for plaintiff/petitioner.

Read and Laniado, LLP, Albany, for Independent Power Producers of New York, Inc., proposed amicus curiae.

Colleran, O'Hara & Mills L.L.P., Woodbury, for New York State AFL-CIO and others, proposed amici curiae.

Barclay Damon LLP, Albany, for Astoria Gas Turbine Power LLC, proposed amicus curiae.

Holland & Knight LLP, New York City, for Mitsubishi Power, proposed amicus curiae.

New York Lawyers for the Public Interest, New York City, for The PEAK Coalition, proposed amicus curiae.

Earthjustice, New York City, for Sierra Club and another, proposed amici curiae.

OPINION OF THE COURT

It is hereby ordered that the motions are decided as set forth herein.

Factual/Procedural Background

The plaintiff/petitioner Danskammer Energy, LLC, operates an existing natural gas-fired power energy plant in the Town of Newburgh...

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