New York Court of Appeals
In the Matter of Consolidated Edison Company of New York, Inc., Respondent v. Department of Environmental…
January 7, 198871 N.Y.2d 186
Summary
The Court held that the 1977 Oil Spill Prevention, Control and Compensation Act and the 1983 Control of the Bulk Storage of Petroleum Act did not repeal or limit the Department of Environmental Conservation's broad authority to regulate petroleum bulk storage, and therefore reversed the Appellate Division and dismissed Consolidated Edison’s petition. Justice Bellacosa concurred in the result but criticized the majority’s distinction from Boreali.