FMC Corp. v. New York State Department of Environmental Conservation

In this N.Y. C.P.L.R. 78 proceeding, the Court of Appeals held that the Appellate Division erred in foreclosing the possibility that title 9 of article 27 of the Environmental Conservation Law authorized the Department of Environmental Conservation’s (DEC) action unilaterally remediating the significant threat posed by hazardous wastes FMC Corporation (FMC) had released into neighboring properties. Moreover, the Court held that the interpretation of title 13 of article 27 adopted by both parties authorized DEC’s unilateral remediation effort, and therefore, any disputes over title 9 need not be resolved. View "FMC Corp. v. New York State Department of Environmental Conservation" on Justia Law