BUFFALO – The state Department of Environmental Conservation intends to make a motion in Erie County Supreme Court to have Chautauqua Institution’s lawsuit against it dismissed.
The DEC is asking for the case to be dismissed because any challenge to the June 2018 DEC permits is moot, that the institution’s challenge to the DEC’s State Environmental Quality Review Act findings fail to state a cause of action, and that the attempt to challenge an as-yet unissued DEC permit is premature.
There have already been motions to add the Chautauqua Lake Partnership as a party to the lawsuit and for the lawsuit to be moved from Erie County to Chautauqua County.
Chautauqua Institution announced over the summer it is seeking a declaratory judgement in State Supreme Court barring the DEC from issuing future herbicide permits relying on the town of Ellery’s Supplemental Environmental Impact Statement.
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