Flacke v. Freshwater Wetlands Appeals Board, 53 N.Y.2d 537 (1981)
The Commissioner of the Department of Environmental Conservation has the authority to seek judicial review of a determination made by the Freshwater Wetlands Appeals Board.
Summary
This case concerns the scope of authority granted to the Commissioner of the Department of Environmental Conservation (DEC) under the Freshwater Wetlands Act. Meadow Run Development Corporation sought a determination from the DEC regarding whether their property was a protected freshwater wetland. The Commissioner determined that it was, but the Freshwater Wetlands Appeals Board reversed. The Commissioner then initiated an Article 78 proceeding to challenge the Board’s decision. The New York Court of Appeals held that the Commissioner does have standing to seek judicial review of the Board’s determinations, emphasizing the DEC’s primary responsibility for preserving and protecting freshwater wetlands in New York.
Facts
Meadow Run Development Corporation wanted to expand its parking facility and requested the DEC to determine if the land was a freshwater wetland protected by the Freshwater Wetlands Act. The Commissioner of the DEC determined that the property was part of a wetland larger than 12.4 acres and thus protected by the Act. Meadow Run appealed this determination to the Freshwater Wetlands Appeals Board.
Procedural History
The Freshwater Wetlands Appeals Board overturned the Commissioner’s determination. The Commissioner initiated an Article 78 proceeding seeking to reinstate his determination. Special Term upheld the Commissioner’s standing but affirmed the Board’s determination on the merits. The Appellate Division reversed, holding that the Commissioner lacked standing and dismissing the petition. The Court of Appeals granted leave to appeal.
Issue(s)
Whether the Commissioner of the Department of Environmental Conservation has the authority to seek judicial review, via an Article 78 proceeding, of a determination by the Freshwater Wetlands Appeals Board that reverses a determination of the Department.
Holding
Yes, because the Legislature empowered the commissioner to institute challenges to the appeals board’s determination as part of the legislative scheme for protecting the State’s freshwater wetlands.
Court’s Reasoning
The Court of Appeals found that the Commissioner’s power to bring suit is granted in Section 71-0505(1) of the Environmental Conservation Law, which allows the Commissioner to bring actions necessary to perform duties imposed upon the department, including those under Article 24 (the Freshwater Wetlands Act). The court found further support in Section 24-1105(2), which states that “any” determination of the board may be judicially reviewed, without limiting challenges to those brought by property owners. The court also cited Section 24-1103(2)(e), stating that the “commissioner * * * shall be bound by the decision of the board except to the extent such decision is reversed or otherwise modified by a court of competent jurisdiction pursuant to this article”.
The Court distinguished Matter of Pooler v Public Serv. Comm., emphasizing that in Pooler, the Legislature had not explicitly granted the Consumer Protection Board the authority to maintain a suit against the Public Service Commission. In contrast, here, the Court found sufficient statutory language to infer legislative intent to grant the Commissioner the power to challenge the Board’s determinations.
The court emphasized the importance of the DEC’s role in carrying out the environmental policy of the State (ECL 3-0301) and the department’s “primary and over-all responsibility for the preservation and protection of New York’s freshwater wetlands”. The Court rejected the idea that the Legislature intended the Freshwater Wetlands Appeals Board to have final and unreviewable authority over determinations regarding whether land falls within the scope of the Freshwater Wetlands Act. As Special Term recognized, “[i]t is manifest from the provisions of ECL article 24 that the commissioner and the department which he heads have the primary and over-all responsibility for the preservation and protection of New York’s freshwater wetlands”.