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Environmental Group Had Standing to Challenge Permit
Seneca Lake Guardian v. New York State Department of Environmental Conservation, 2024 WL 3446855, AppDiv, Third Dept. (Opinion by Clark, J.P.)
In an environmental group's article 78 proceeding challenging a permit granted for operation of a solid waste and recyclable processing facility the environmental group appealed from Supreme Court's grant of the department's motion to dismiss. The Appellate Division reversed, holding that the environmental group had standing to challenge the permit grant.
Landowner sought a permit to operate the facility, which would produce leachate. The permit application included a leachate control and disposal plan that identified the Ithaca Area Wastewater Treatment Facility as the facility that would receive the leachate for treatment and disposal. After a public comment period the department issued a permit conditioned on landowner's compliance with the application. The environmental group then brought this proceeding, which Supreme Court dismissed for lack of standing. The group appealed.
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