Hunt Bros., Inc. v. New York State Adirondack Park Agency, 87 N.Y.2d 904 (1996)
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A general land use regulation applicable to a broad geographic area, such as the Adirondack Park Agency’s regulations, does not constitute a law “relating to the extractive mining industry” and is therefore not superseded by the Mined Land Reclamation Law.
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Summary
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Hunt Bros. operated a sand and gravel mine within the Adirondack Park. After Hunt Bros. commenced blasting operations under a DEC permit, the Adirondack Park Agency (APA) asserted jurisdiction, requiring an APA permit as well. Hunt Bros. challenged the APA’s jurisdiction, arguing that the Mined Land Reclamation Law (MLRL) superseded the APA’s authority. The Court of Appeals reversed the lower courts’ decision, holding that the APA’s regulations, concerning broad land use planning, do not constitute laws “relating to the extractive mining industry” and thus are not superseded by the MLRL. The Court also found Hunt Bros.’s declaratory judgment claim premature as the APA had not yet taken concrete steps to regulate the mining operation beyond requiring a permit application.
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Facts
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Hunt Bros. operated a sand and gravel mine in the Town of Hope, Hamilton County, within the Adirondack Park.r
The Department of Environmental Conservation (DEC) issued a permit to Hunt Bros. for blasting operations under the Mined Land Reclamation Law (MLRL).r
The Adirondack Park Agency (APA) asserted jurisdiction over Hunt Bros.’ mining operation, requiring an APA-issued permit under Executive Law § 809.r
Hunt Bros. initially participated in the APA’s permit review process but later disputed the APA’s jurisdiction.r
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Procedural History
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Hunt Bros. initiated a combined CPLR article 78 proceeding and declaratory judgment action, seeking to bar the APA from exercising jurisdiction.r
The lower courts granted Hunt Bros. relief, barring the APA from exercising jurisdiction.r
The Court of Appeals reversed the Appellate Division’s order and dismissed the petition/complaint.r
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Issue(s)
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Whether the Adirondack Park Agency’s (APA) regulations constitute a law “relating to the extractive mining industry” that is superseded by the Mined Land Reclamation Law (MLRL).r
Whether Hunt Bros.’s request for a declaratory judgment is premature in the absence of concrete regulatory action by the APA.r
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Holding
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No, because the APA’s mission concerns the broad area of land use planning within the Adirondack Park district, and its enabling statute is not a law “relating to the extractive mining industry”.r
Yes, because the APA has only insisted that Hunt Bros. submit to its permit application procedures and has not taken further regulatory actions; therefore there is no concrete controversy between the parties.r
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Court’s Reasoning
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The Court reasoned that the MLRL establishes a comprehensive regulatory scheme for mining and land reclamation by the DEC, intending to supersede other state and local laws