Lehigh Portland Cement Company, Appellant v. New York State Department of Environmental Conservation, Respondent

Summary

The New York Court of Appeals held that the dismissal of Lehigh Portland Cement's declaratory judgment action for failure to exhaust administrative remedies was improper because the Department of Environmental Conservation's longstanding policy rendered further administrative review futile. The Court reversed the Appellate Division's affirmation and remanded the case for the trial court to determine the merits of the complaint. Justice Bellacosa dissented, contending that the futility exception should not apply and that the exhaustion doctrine requires full pursuit of administrative remedies.