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October 16, 2014

New York Court Rejects Sierra Club's Challenge to First Initial Water Withdrawal Permit Issued Under New State Law

In a precedent setting decision, the New York State Supreme Court, Queens County, has ruled that initial permits sought under New York’s new water withdrawal law are not subject to review under the State Environmental Quality Review Act (“SEQRA”). The Court’s October 1, 2014 decision (“Decision”) denied Sierra Club and the New Jersey Chapter of the Hudson River Fisherman’s Association’s (“HRFA”) petition claiming that an Environmental Impact Statement (“EIS”) should have been conducted pursuant to SEQRA prior to the New York State Department of Environmental Conservation’s (“NYSDEC”) issuance of the initial water withdrawal permit for the Ravenswood Generating Station (“Ravenswood”) in Long Island City.

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