Court of Appeals of New York
In the Matter of the Association for a Better Long Island, Inc. v. New York State Department of Environmental Conservation, 38
READ
Dismissal of a challenge to 2010 amendments to the regulations of the Department of Environmental Conservation (DEC) pertaining to the protection of endangered and threatened species is: 1) reversed in part, where petitioners can proceed with three of their procedural claims because petitioners have asserted a concrete interest in the matter the agency is regulating, and a concrete injury from the agency's failure to follow procedure, and the procedural claims are ripe; but 2) affirmed in part, where petitioners lack standing with respect to the substantive causes of action that are not yet ripe as there has been no final agency action inflicting concrete harm.
Appellate Information
- Decided 04/01/2014
- Published 04/01/2014
Judges
- LIPPMAN
Court
- Court of Appeals of New York