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Court of Appeals Determines Standing to Challenge DEC Regulations
In Association for a Better Long Island, Inc. v. New York State Department of Environmental Conservation, 2014 WL 1280310, 2014 N.Y. Slip Op. 02216, __ N.E.3d __ (Apr. 1, 2014), the Court of Appeals attempted to balance two important, and often conflicting, public policy considerations underlying standing to bring an Article 78 proceeding ' namely that “courts are adjudicating actual controversies for parties that have a genuine stake in the litigation” while also ensuring that there is not an “impenetrable barrier” to the review of the administrative action.
The Case
In this case, the New York State Department of Environmental Conservation (DEC) adopted amendments to its regulations pertaining to endangered and threatened species, allowing individuals to obtain a permit for the incidental taking of these species ' and as part of the permit process, requiring the individual to submit a plan to minimize the impact to these species. Petitioners Town of Riverhead and Town of Riverhead Community Development Agency (Riverhead or Petitioners) are the owners of 3,000 acres of real property that is the habitat for at least two endangered or threatened species, “for the express purpose of redevelopment.”
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