Inactive Hazardous Waste Disposal Sites

Appellate Court Restricts NYSDEC Ability to Spend Superfund Money

CERCLA, Hazardous Waste / By

A legal maxim is that  bad facts often make bad law. It appears that complex facts may have confused an Appellate Division court in In the Matter of FMC Corporation vs New York State Department of Environmental Conservation, 2016 N.Y. App. Div. LEXIS 6785 (App. Div.-Third Dept. 10/20/16) where the three judge-panel appeared to rule […]

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NY Court of Appeals Hears Challenge to State Superfund Regulations

Hazardous Waste / By

The New York Court of Appeals heard oral argument on November 14th on whether the New York State Department of Environmental Conservation (NYSDEC)  exceeded its authority when its set a goal of cleaning hazardous sites to “pre-disposal conditions” in its superfund regulations. After the NYSDEC revised its Part 375 regulations in 2006, the New York

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