You are here: / / THE GROUNDS FOR THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION’S DENIAL...
,

THE GROUNDS FOR THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION’S DENIAL OF PETITIONER PROPERTY OWNER’S APPLICATION TO PARTICIPATE IN THE BROWNFIELD CLEANUP PLAN WERE IRRATIONAL AND UNREASONABLE (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the petitioner property owner’s application to participate in the Brownfield Cleanup Plan (BCP) should not have been denied by the Department of Environmental Conservation (DEP) on the grounds that; (1) the petitioner had already entered an agreement to cleanup the property; and (2) an additional financial burden would be imposed on the state. Both grounds were deemed irrational and unreasonable:

… [T]he DEC’s determination that the public interest would not be served by granting the petitioner’s application because National Grid had already agreed to remediate the site pursuant to the consent order was irrational and unreasonable. We hold, consistent with the determinations reached by several other courts, that a “brownfield site” is not ineligible for acceptance into the BCP “on the ground that it would have been remediated in any event” … . …  [A]ny “financial misgivings” (id. at 167) concerning the fiscal impact of a property being accepted into the BCP on the state is irrelevant to the question of whether the public interest would be served by the granting of an application to participate in the BCP. The DEC is not tasked with acting as “a fiscal watchdog” … .

… [T]he DEC’s determination that the site was ineligible for acceptance into the BCP on the ground that it is was “subject to [an] on-going state . . . environmental enforcement action related to the contamination which is at or emanating from the site” is also irrational and unreasonable … . There is no support in the language of the statute ECL 27-1405(2)(e) or in its legislative history for the DEC’s conclusion that the consent order constituted an ongoing enforcement action … . Matter of Wythe Berry, LLC v New York State Dept. of Envtl. Conservation, 2020 NY Slip Op 07076, Second Dept 11-25-2o

 

You might also like
Hybrid Article 78 and Declaratory Judgment Proceeding Requires Separate Treatment of Both
THE FIVE-YEAR DELAY BETWEEN PLAINTIFF-DECEDENT’S DEATH AND THE MOTION TO SUBSTITUTE AN ADMINISTRATOR DID NOT WARRANT DISMISSAL OF THE ACTION; DECEDENT HAD BEEN AWARDED SUMMARY JUDGMENT ON LIABILITY IN THIS TRAFFIC-ACCIDENT CASE (SECOND DEPT).
PLAINTIFFS DID NOT ALLEGE THAT DEFENDANT CREATED THE DANGEROUS CONDITION AND DEFENDANT DEMONSTRATED IT DID NOT HAVE NOTICE OF THE CONDITION, THEREFORE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT IN THIS ICE AND SNOW SLIP AND FALL CASE SHOULD HAVE BEEN GRANTED (FIRST DEPT).
Electronic Documents Constitute “Tangible Personal Property” and Can Therefore Be the Subject of a Conversion Cause of Action
ALTHOUGH DEFENDANT DEMONSTRATED THE POST ON LINKEDIN MET THE CRITERIA FOR THE “STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION” (SLAPP) DEFENSE TO THE DEFAMATION ACTION, PLAINTIFFS DEMONSTRATED THE DEFAMATION ACTION HAS A “SUBSTANTIAL BASIS IN LAW;” THEREFORE THE ACTION SURVIVED THE MOTION TO DISMISS PURSUANT TO CIVIL RIGHTS LAW 76-A (SECOND DEPT). ​
THE TRIAL JUDGE DID NOT ENSURE THAT DEFENDANT’S WAIVER OF HIS RIGHT TO COUNSEL WAS KNOWING AND INTELLIGENT, CRITERIA EXPLAINED; NEW TRIAL ORDERED (SECOND DEPT).
THE PLAINTIFF’S EXPERT’S ASSERTION THAT THE FAILURE TO DIAGNOSE ATHEROSCLEROTIC CARDIOVASCULAR DISEASE PROXIMATELY CAUSED DECEDENT’S PREMATURE DEATH WAS SUFFICIENT TO RAISE A QUESTION OF FACT ON CAUSATION IN THIS MEDICAL MALPRACTICE ACTION (SECOND DEPT).
DEFENDANTS WERE NOT SERVED WITH NOTICE OF THE FORECLOSURE SALE; THEIR MOTION TO VACATE THE FORECLOSURE SALE SHOULD HAVE BEEN GRANTED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PLAINTIFF IN THIS MEDICAL MALPRACTICE, WRONGFUL DEATH ACTION SHOULD NOT HAVE... THE DISTRICT ATTORNEY SHOULD NOT HAVE BEEN DISQUALIFIED FROM PROSECUTING THE...