70 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 14,662 times   384 Legal Analyses
    Holding that courts should defer to an agency's reasonable interpretation of ambiguous statutes
  2. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,041 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal
  3. Environmental Protection Agency v. California ex rel. State Water Resources Control Board

    426 U.S. 200 (1976)   Cited 297 times   1 Legal Analyses
    Describing NPDES system
  4. Matter of Scherbyn v. Boces

    77 N.Y.2d 753 (N.Y. 1991)   Cited 451 times
    Finding that Article 78 review of a quasi-judicial hearing is a certiorari proceeding, not a mandamus to review proceeding, and therefore "substantial evidence" rather than "arbitrary and capricious" is the standard of review
  5. Flacke v. Onondaga Landfill

    69 N.Y.2d 355 (N.Y. 1987)   Cited 305 times
    Discussing the doctrine
  6. Raritan Development Corp. v. Silva

    91 N.Y.2d 98 (N.Y. 1997)   Cited 178 times
    In Raritan, the "BSA's interpretation [of the Zoning Resolution] conflict[ed] with the plain statutory language" and, thus, the Court of Appeals found that the BSA' s interpretation could not be sustained (Raritan, 91 N.Y.2d at 103).
  7. Environmental Defense Ctr., Inc. v. U.S.E.P.A

    344 F.3d 832 (9th Cir. 2003)   Cited 143 times   5 Legal Analyses
    Holding that the compelled disclosure of educational materials about the hazards of stormwater discharges and the proper disposal of waste “involve[d] no compelled recitation of a message and no affirmation of belief” because “[i]nforming the public about safe toxin disposal is non-ideological,” and nothing prohibited a regulated entity “from stating its own views about the proper means of managing toxic materials”
  8. Piney Run Pres. v. County Com. of Carroll Cty

    268 F.3d 255 (4th Cir. 2001)   Cited 121 times   8 Legal Analyses
    Holding that while a Clean Water Act permit provision "makes clear that compliance with a permit constitutes an exception to the general strict liability of the CWA," that provision is ambiguous because it "does not explicitly explain the scope of permit protection"
  9. Gruber

    89 N.Y.2d 225 (N.Y. 1996)   Cited 122 times   1 Legal Analyses
    Finding Unemployment Insurance Appeal Board's definition of term to be impermissible and remanding to the Board for further proceedings
  10. Costle v. Pacific Legal Foundation

    445 U.S. 198 (1980)   Cited 56 times
    Holding that the EPA reasonably construed the language "opportunity for a public hearing" as not requiring a public hearing where none was requested
  11. Section 7803 - Questions raised

    N.Y. C.P.L.R. § 7803   Cited 4,319 times
    Permitting a party to initiate a judicial proceeding to determine whether an agency "failed to perform a duty enjoined upon it by law," was "affected by an error of law," or made a "determination violation of lawful procedure"
  12. Section 1251 - Congressional declaration of goals and policy

    33 U.S.C. § 1251   Cited 3,103 times   36 Legal Analyses
    Designating the Administrator of the EPA to "administer this chapter"
  13. Section 1365 - Citizen suits

    33 U.S.C. § 1365   Cited 1,826 times   19 Legal Analyses
    Granting Administrator right to intervene in citizen suits
  14. Section 1311 - Effluent limitations

    33 U.S.C. § 1311   Cited 1,698 times   25 Legal Analyses
    Imposing general prohibition on "the discharge of any pollutant by any person"
  15. Section 1342 - National pollutant discharge elimination system

    33 U.S.C. § 1342   Cited 1,218 times   27 Legal Analyses
    Granting EPA the authority to require a permit for such discharges
  16. Section 5602 - Appeals to the court of appeals by permission

    N.Y. C.P.L.R. § 5602   Cited 1,087 times
    Discussing appeals by permission to New York Court of Appeals
  17. Section 1319 - Enforcement

    33 U.S.C. § 1319   Cited 996 times   12 Legal Analyses
    Mandating nearly identical standards when a court determines the amount of civil penalties to impose for violation of an EPA compliance order issued under the Clean Water Act
  18. Section 1362 - Definitions

    33 U.S.C. § 1362   Cited 971 times   50 Legal Analyses
    Defining "person" for purposes of CWA as "an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body"
  19. Section 1313 - Water quality standards and implementation plans

    33 U.S.C. § 1313   Cited 468 times   10 Legal Analyses
    Requiring a State to submit new or revised water regulations for EPA's review
  20. Section 1318 - Records and reports; inspections

    33 U.S.C. § 1318   Cited 129 times   2 Legal Analyses
    Noting that monitoring and reporting requirements may be imposed when necessary to fulfill the objectives of the Act
  21. § 122.26 Storm water discharges (applicable to State NPDES programs, see § 123.25)

    40 C.F.R. § 122.26   Cited 151 times   21 Legal Analyses
    Requiring permits for discharges from oil and gas activities that contribute to a violation of a water quality standard
  22. § 122.44 Establishing limitations, standards, and other permit conditions (applicable to State NPDES programs, see § 123.25)

    40 C.F.R. § 122.44   Cited 119 times   5 Legal Analyses
    Establishing the numeric criterion that Class SB waters have a minimum of 5.0 mg/l of dissolved oxygen
  23. § 130.7 Total maximum daily loads (TMDL) and individual water quality-based effluent limitations

    40 C.F.R. § 130.7   Cited 98 times
    Establishing a time frame for the EPA to develop § 303(d) list if it disapproves the state's draft list
  24. § 130.2 Definitions

    40 C.F.R. § 130.2   Cited 76 times   3 Legal Analyses
    Stating a TMDL is "[t]he sum of the individual [waste load allocations or "WLAs"] for point sources and [load allocations or "LAs"] for nonpoint sources and natural background"
  25. § 123.25 Requirements for permitting

    40 C.F.R. § 123.25   Cited 57 times
    Listing requirements for an approved state program
  26. § 122.4 Prohibitions (applicable to State NPDES programs, see § 123.25)

    40 C.F.R. § 122.4   Cited 50 times
    Prohibiting NPDES permits for a new source or new discharger "if the discharge . . . will cause or contribute to the violation of water quality standards."
  27. § 122.34 Permit requirements for regulated small MS4 permits

    40 C.F.R. § 122.34   Cited 16 times   1 Legal Analyses
    Mandating compliance with the requirements, standards and conditions "developed consistent with the provisions of §§ 122.41 through 122.49"
  28. Section 621.7 - Public notice and comment

    N.Y. Comp. Codes R. & Regs. tit. 6 § 621.7   Cited 14 times

    (a) Immediately upon determining that an application is complete and is for a major project: (1) The department must provide notice to the chief executive officer of the municipality in which the proposed project is to be located, and to any person who has previously expressed in writing an interest in receiving such notification. (2) The department must also publish a notice of complete application in the Environmental Notice Bulletin no more than 10 calendar days after the date of notice to the

  29. Section 621.8 - Determination to conduct a public hearing

    N.Y. Comp. Codes R. & Regs. tit. 6 § 621.8   Cited 10 times

    (a) After a permit application for a major project is complete (see provisions of sections 621.3, 621.4 and 621.6 of this Part), and notice in accordance with section 621.7 of this Part has been provided, the department must evaluate the application and any comments received to determine whether a public hearing will be held. If a public hearing must be held, the applicant and all persons who have filed comments must be notified by mail. This must be done within 60 calendar days of the date the application

  30. Section 750-1.21 - SPDES general permits

    N.Y. Comp. Codes R. & Regs. tit. 6 § 750-1.21   Cited 9 times

    (a) The department may issue a general permit, upon application or on its own initiative, to cover a category of point sources of one or more discharges within a stated geographical area that: (1) involve the same or substantially similar types of operations; (2) discharge the same types of pollutants; (3) require the same effluent limitations or operating conditions; (4) require the same or similar monitoring; and (5) that will result in minimal adverse cumulative impacts. (b) Discharges may be