In October 2016, New York’s Appellate Division held that the New York State Department of Environmental Conservation (DEC) overstepped its boundaries when it unilaterally undertook the remediation of FMC’s site in Niagara County, New York. FMC Corp. v. New York State Dept. of Envtl. Conservation, 143 A.D.3d 1128 (3d Dept. 2016).
NY’s highest court – the Court of Appeals – smacked down the Appellate Division’s ruling and reversed it.
The facts:
For over 60 years, FMC has owned and operated a 103-acre property in …
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