New York State Department of Environmental Conservation Office of General Counsel Civil and Administrative Litigation Files

Unarranged.

This series contains records pertaining to litigation in state or federal court against or on behalf of the New York State Department of Environmental Conservation (DEC) including but not limited to Article 78 proceedings, federal Resource Conservation and Recovery Act (RCRA) cases, and violators of the Environmental Conservation Law. Records include summonses, pleadings, affidavits, notices, briefs, memoranda of laws, findings of fact, opinions, decisions, correspondence, and court documents.

16945-12, 16945-14, 16945-17: These accretions document enforcement litigation against violators of environmental statutes and regulations. A typical file contains a case initiation form summarizing the case, correspondence, EPA notices of non-compliance or violations, and memoranda. If a case goes to trial, the file also contains a DEC administrative order, correspondence, memoranda, and a request to the New York State Department of Law requesting legal action.

16945-18: In 1987, DEC promulgated 6 NYCRR 375, the regulations to implement ECL, Article 27, Title 13. Also known as the State Superfund, these regulations set forth how DEC would investigate and remediate inactive hazardous waste sites in NYS. A group known as the NYS Superfund Coalition filed an Article 78 challenge to these regulations. These containers document the legal challenge.

Transfer lists are available at the repository.

16945-12: This accretion was transferred under RDA 16945 and includes records from transfer list 99051B.

16945-14, 16945-17: These accretions were transferred under RDA 16945 and include records from transfer list 99051A.

16945-20: This accretion was transferred under RDA 16864 (superseding RDA 16945) and includes records from transfer lists 000101, 010105, 040057, 080177, 990051, and 070052.

16945-20A: This accretion was transferred under RDA 16864 and includes records from transfer lists 010101, 010105, 030051, 060051, 060052, and 150201.

16945-21: This accretion was transferred under RDA 16864 and includes records from transfer lists 000101 and 010101.

16945-21A: This accretion was transferred under RDA 16864 and includes records from transfer lists 000101 and 990051.

16945-22: This accretion was transferred under RDA 16944 and 16864 and includes records from transfer list 000101.

16945-23: This accretion was transferred under RDA 16864 and includes records tranfster lists 99051E and 990051.

16945-23A: This accretion was transerred under under RDA 16864 and includes records from transfer lists 000101 and 040057.

16945-24: This accretion was transerred under under RDA 16864 and includes records from transfer lists 990051 and 010101.

Access to attorney-client privileged correspondence, attorney work-product, and certain inter-agency correspondence is restricted pursuant to Freedom of Information Law (FOIL) Section 87(2)(g). State Archives staff will review requests and disclose records in accordance with FOIL.