Natural Res. Defense Council, Inc. v. N.Y. State Dep’t of Envtl. Conservation

The 2010 General Permit requires municipal storm sewer systems to develop and implement a Stormwater Management Program in compliance with specifications developed by the New York State Department of Environmental Conservation (DEC) to limit the introduction of pollutants into stormwater. After the 2010 General Permit took effect, the Natural Resources Defense Council, Inc. (NRDC) and other environmental advocacy groups (collectively, NRDC) brought this hybrid N.Y. C.P.L.R. 78 proceeding/declaratory judgment action against DEC challenging certain aspects of the 2010 General Permit. The Appellate Division rejected NRDC’s federal and state law challenges to the 2010 General Permit. The Court of Appeals affirmed, holding that NRDC’s challenges to the lawfulness of the 2010 General Permit were without merit. View "Natural Res. Defense Council, Inc. v. N.Y. State Dep’t of Envtl. Conservation" on Justia Law