33 Cited authorities

  1. Albany Law Sch. v. New York State Office of Mental Retardation & Developmental Disabilities

    2012 N.Y. Slip Op. 3227 (N.Y. 2012)   Cited 104 times

    No. 65 04-26-2012 In the Matter of Albany Law School et al., Respondents-Appellants, v. New York State Office of Mental Retardation and Developmental Disabilities et al., Appellants-Respondents. Victor Paladino, for appellants-respondents. Jennifer J. Monthie, for respondents-appellants. NYSARC, Inc.; National Disability Rights Network et al., amici curiae. GRAFFEO Victor Paladino, for appellants-respondents. Jennifer J. Monthie, for respondents-appellants. NYSARC, Inc.; National Disability Rights

  2. Terrace Court, LLC v. Division of Housing & Community Renewal

    2012 N.Y. Slip Op. 1100 (N.Y. 2012)   Cited 76 times
    Noting that an agency may change an interpretation if it offers an adequate explanation
  3. People ex rel Brown v. Parole

    70 N.Y.2d 391 (N.Y. 1987)   Cited 89 times
    In People ex rel. Citro v Sullivan (70 N.Y.2d 391, 401), the petitioner's hearing was postponed when the petitioner's attorney could not be present on the day it was scheduled to occur.
  4. 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"
  5. 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"
  6. Entergy Nuclear Indian Point 2, LLC v. New York State Department

    130 A.D.3d 1190 (N.Y. App. Div. 2015)   Cited 16 times

    2015-07-9 In the Matter of ENTERGY NUCLEAR INDIAN POINT 2, LLC, et al., Appellants, v. NEW YORK STATE DEPARTMENT OF STATE et al., Respondents. Nixon Peabody, LLP, Albany (Kevin P. Martin of Goodwin Procter, LLP, Boston, Massachusetts, admitted pro hac vice), for appellants. Eric T. Schneiderman, Attorney General, Albany (Lisa M. Burianek of counsel), for respondents. CLARK Nixon Peabody, LLP, Albany (Kevin P. Martin of Goodwin Procter, LLP, Boston, Massachusetts, admitted pro hac vice), for appellants

  7. Natural Res. Def. Council, Inc. v. N.Y. State Dep't of Envtl. Conservation

    2015 N.Y. Slip Op. 3766 (N.Y. 2015)   Cited 12 times

    No. 48 05-05-2015 In the Matter of NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent. Lawrence M. Levine and Rebecca J. Hammer, Natural Resources Defense Council, Inc., New York City, and Super Law Group, LLC, New York City (Reed W. Super of counsel), for appellants. Eric T. Schneiderman, Attorney General, New York City (Barbara D. Underwood, Steven C. Wu and Bethany A. Davis Noll of counsel), for respondent. Daniel

  8. Massachusetts v. U.S.

    522 F.3d 115 (1st Cir. 2008)   Cited 12 times
    Finding that a petitioner must give the agency “a fair and full opportunity to adjudicate the claim”
  9. In re Davis v. Mills

    98 N.Y.2d 120 (N.Y. 2002)   Cited 14 times
    In Matter of Davis v Mills (98 NY2d 120), the Court in addressing whether a teacher had a right pursuant to Education Law § 2510 (1) to be placed in a newly created position that replaced her former position, deferred completely to the Commissioner's decision, stating that "[i]t is for the Commissioner in the first instance, and not for the courts, to establish and apply criteria to govern the selection and retention of qualified educators and staff (id. at 125).
  10. Matter of Salmon v. Flacke

    462 N.E.2d 123 (N.Y. 1984)   Cited 12 times

    Argued January 5, 1984 Decided February 14, 1984 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, VINCENT E. DOYLE, J. Richard J. Lippes for appellant. Richard N. Blewett for Richard Penfold, respondent. Orders affirmed, without costs, for reasons stated in the memoranda at the Appellate Division ( 91 A.D.2d 867, 868). We would only add that, in other circumstances, there might be proof of change in the level of operation so substantial as to be sufficient

  11. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,049 times   24 Legal Analyses
    Granting judicial review of "agency action"
  12. 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"
  13. 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.
  14. Section 2133 - Commercial licenses

    42 U.S.C. § 2133   Cited 49 times

    (a) Conditions The Commission is authorized to issue licenses to persons applying therefor to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use, import, or export under the terms of an agreement for cooperation arranged pursuant to section 2153 of this title, utilization or production facilities for industrial or commercial purposes. Such licenses shall be issued in accordance with the provisions of subchapter XV and subject to such conditions as the

  15. Section 1453 - Definitions

    16 U.S.C. § 1453   Cited 41 times

    For purposes of this chapter- (1) The term "coastal zone" means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada

  16. Section 2132 - Utilization and production facilities for industrial or commercial purposes

    42 U.S.C. § 2132   Cited 14 times

    (a) Issuance of licenses Except as provided in subsections (b) and (c), or otherwise specifically authorized by law, any license hereafter issued for a utilization or production facility for industrial or commercial purposes shall be issued pursuant to section 2133 of this title. (b) Facilities constructed or operated under section 2134(b) Any license hereafter issued for a utilization or production facility for industrial or commercial purposes, the construction or operation of which was licensed

  17. Section 51.20 - Criteria for and identification of licensing and regulatory actions requiring environmental impact statements

    10 C.F.R. § 51.20   Cited 17 times   3 Legal Analyses
    Requiring the preparation of an environmental impact statement before the agency can issue a license to store spent nuclear fuel
  18. Section 50.57 - Issuance of operating license.1

    10 C.F.R. § 50.57   Cited 15 times
    Detailing the qualifications for licensure
  19. 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

  20. Section 930.11 - Definitions

    15 C.F.R. § 930.11   Cited 7 times

    (a)Act. The term "Act" means the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451-1464 ) . (b)Any coastal use or resource. The phrase "any coastal use or resource" means any land or water use or natural resource of the coastal zone. Land and water uses, or coastal uses, are defined in sections 304(10) and (18) of the act, respectively, and include, but are not limited to, public access, recreation, fishing, historic or cultural preservation, development, hazards management, marinas

  21. Section 54.31 - Issuance of a renewed license

    10 C.F.R. § 54.31   Cited 6 times
    Permitting renewal up to 20 years before expiration for no more than 20 additional years beyond the current license's expiration date
  22. Section 51.45 - Environmental report

    10 C.F.R. § 51.45   Cited 6 times   2 Legal Analyses

    (a)General. As required by §§ 51.50 , 51.53 , 51.54 , 51.55 , 51.60 , 51.61 , 51.62 , or 51.68 , as appropriate, each applicant or petitioner for rulemaking shall submit with its application or petition for rulemaking one signed original of a separate document entitled "Applicant's" or "Petitioner's Environmental Report," as appropriate. An applicant or petitioner for rulemaking may submit a supplement to an environmental report at any time. (b)Environmental considerations. The environmental report

  23. Section 930.60 - Commencement of State agency review

    15 C.F.R. § 930.60   Cited 6 times

    (a) The State agency's six-month review period (see§ 930.62(a) ) of an applicant's consistency certification begins on the date the State agency receives the consistency certification required by § 930.57 and all the necessary data and information required by § 930.58(a) . (1) If an applicant fails to submit a consistency certification, the State agency shall notify the applicant and the Federal agency, within 30 days of receipt of the incomplete submission, that a consistency certification satisfying

  24. Section 51.53 - Postconstruction environmental reports

    10 C.F.R. § 51.53   Cited 6 times   6 Legal Analyses

    (a)General. Any environmental report prepared under the provisions of this section may incorporate by reference any information contained in a prior environmental report or supplement thereto that relates to the production or utilization facility or site, or any information contained in a final environmental document previously prepared by the NRC staff that relates to the production or utilization facility or site. Documents that may be referenced include, but are not limited to, the final environmental

  25. Section 600.2 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 19 § 600.2   Cited 4 times

    (a) Accretion means the gradual and imperceptible accumulation of sand, gravel, or similar material deposited by natural action of water on the shore. This may result from a deposit of such material upon the shore, or by a recession of the water from the shore. (b) Actions mean either type I or unlisted actions as defined in SEQR (6 NYCRR 617.2), which are undertaken by State agencies; the term shall not include excluded actions as defined in SEQR (6 NYCRR 617.2) or actions not subject to SEQR pursuant

  26. Section 600.1 - Authority, intent and purpose

    N.Y. Comp. Codes R. & Regs. tit. 19 § 600.1   Cited 4 times

    (a) This Part is adopted pursuant to section 913 of the Executive Law to implement the provisions of the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. (b) This Part is intended to provide for State agencies acting in the coastal area and inland waterways the necessary framework for the consideration and application of the State's policies with respect to waterfront revitalization and coastal resources, as contained in article 42 of the Executive Law. (c) It was the intention