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In the Matter of Entergy Nuclear Operations, Inc., et al., Respondents,v.New York State Department of State et al., Appellants.

Brief

11 Cited authorities

  1. Matter of Howard v. Wyman

    28 N.Y.2d 434 (N.Y. 1971)   Cited 822 times
    Holding that the "interpretation given a statute by the administering agency 'if not irrational or unreasonable, should be upheld'"

  2. New York v. Nuclear Regulatory Comm'n

    681 F.3d 471 (D.C. Cir. 2012)   Cited 39 times
    Holding that agency "may find no significant impact if ... the combination of probability and harm is sufficiently minimal"

  3. Underwriters v. Banking Dept

    83 N.Y.2d 353 (N.Y. 1994)   Cited 51 times
    Holding that state banks are authorized to sell annuities because "the great weight of authority supports the position that annuities are not insurance"

  4. Matter of Marzec v. DeBuono

    95 N.Y.2d 262 (N.Y. 2000)   Cited 38 times

    Argued September 7, 2000. Decided October 24, 2000. Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered November 12, 1999, which affirmed a judgment of the Supreme Court (Barbara Howe, J.), entered in Erie County in a proceeding pursuant to CPLR article 78, granting a petition to review a determination of the Commissioner of Health which sustained a finding that petitioner was not entitled to an "income

  5. Section 1451 - Congressional findings

    16 U.S.C. § 1451   Cited 220 times   3 Legal Analyses
    Increasing demands on coastal zones "have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion"

  6. Section 1456 - Coordination and cooperation

    16 U.S.C. § 1456   Cited 147 times   3 Legal Analyses
    In 16 U.S.C. § 1456(e)(1), the Act states that "[n]othing in this chapter shall be construed... to diminish either Federal or state jurisdiction, responsibility, or rights in the field of planning, development, or control of water resources, submerged lands, or navigable waters.

  7. Section 10101 - Definitions

    42 U.S.C. § 10101   Cited 141 times   4 Legal Analyses
    Defining "repository" under Part A as "any system licensed by the Commission that is intended to be used for, or may be used for, the permanent deep geologic disposal of . . . spent nuclear fuel"

  8. Section 10, 10a - Repealed

    16 U.S.C. § 10, 10a   Cited 2 times

    16 U.S.C. § 10, 10a Pub. L. 91-383, §10(a)(2), (3), as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1941 Section 10, act Mar. 3, 1905, ch. 1405, 33 Stat. 873, authorized National Park Service employees to arrest and prosecute persons violating the laws and regulations relating to the national forests and national parks. Act Mar. 3, 1905, insofar as it relates to the Forest Service, is classified to section 559 of this title. Pub. L. 91-383, §10(a), as amended, amended act Mar. 3, 1905, to delete

  9. Section 930.53 - Listed federal license or permit activities

    15 C.F.R. § 930.53   Cited 9 times

    (a) State agencies shall develop a list of federal license or permit activities which affect any coastal use or resource, including reasonably foreseeable effects, and which the State agency wishes to review for consistency with the management program. The list shall be included as part of the management program, and the federal license or permit activities shall be described in terms of the specific licenses or permits involved (e.g., Corps of Engineers 404 permits, Coast Guard bridge permits).

  10. Section 930.51 - Federal license or permit

    15 C.F.R. § 930.51   Cited 8 times

    (a) The term "federal license or permit" means any authorization that an applicant is required by law to obtain in order to conduct activities affecting any land or water use or natural resource of the coastal zone and that any Federal agency is empowered to issue to an applicant. The term "federal license or permit" does not include OCS plans, and federal license or permit activities described in detail in OCS plans, which are subject to subpart E of this part, or leases issued pursuant to lease

  11. Section 600.3 - General rules

    N.Y. Comp. Codes R. & Regs. tit. 19 § 600.3   Cited 2 times

    (a) No State agency involved in an action shall carry out, fund or approve the action until it has complied with the provisions of article 42 of the Executive Law. (b) In accordance with Executive Law, article 42, actions directly undertaken by State agencies within the coastal area, including grants, loans or other funding assistance, land use and development, planning and land transactions, shall be consistent with the applicable coastal policies set forth in section 600.5 or 600.6 of this Part