In Association for a Better Long Island, Inc. v. New York State Department of Environmental Conservation, 2014 WL 1280310, 2014 N.Y.
Court of Appeals Determines Standing to Challenge DEC Regulations
The Court of Appeals recently attempted to balance two important, and often conflicting, public policy considerations underlying standing to bring an Article 78 proceeding ' namely that "courts are adjudicating actual controversies for parties that have a genuine stake in the litigation" while also ensuring that there is not an "impenetrable barrier" to the review of the administrative action.
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