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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Liverpool v. S.P.M. Environmental Inc.

Plaintiff sought summary judgment on liability under Labor Law § 240 (1) after the decedent, Keith Liverpool, died from a 15-foot fall at a construction site caused by unsecured bar joists. The Supreme Court, Bronx County, denied the motion. The appellate court unanimously reversed, granting summary judgment on liability against defendants S.P.M. Environmental Inc., the general contractor, and Provech Realty Co., the owner. The court emphasized the absolute liability under Labor Law § 240 (1), ruling that arguments of comparative negligence or the decedent's employment status as an independent contractor were irrelevant to the defendants' statutory duty to provide proper safety devices.

Construction AccidentLabor Law § 240(1)Summary JudgmentAbsolute LiabilityFall ProtectionGeneral Contractor LiabilityProperty Owner LiabilityWorker SafetyAppellate ReversalComparative Negligence Irrelevant
References
10
Case No. MISSING
Regular Panel Decision

Fourth Branch Associates v. Department of Environmental Conservation

Petitioners Joseph Harris and Fourth Branch Associates initiated a CPLR article 78 proceeding challenging the New York State Department of Environmental Conservation (NYSDEC)'s issuance of a 'Notice of Complete Application and Determination of No Significance' and a '401 Water Quality Certificate' for a proposed hydroelectric project by ENERCO Corporation and Adirondack Hydro Development Corporation (AHDC). Petitioners contended that NYSDEC violated the State Environmental Quality Review Act (SEQRA) by not requiring an environmental assessment form, an environmental impact statement, or public hearings. AHDC argued federal preemption by the Federal Power Act, limiting NYSDEC's review to water quality standards. NYSDEC also moved for remand, acknowledging a procedural error in not requiring an environmental assessment form but arguing against preemption. The court determined that the Federal Power Act preempts NYSDEC from conducting a full SEQRA environmental review, limiting its authority to assessing compliance with State water quality standards. Consequently, NYSDEC was found to lack authority to require SEQRA-mandated forms, statements, or hearings for the 401 water quality certification.

Environmental LawFederal PreemptionWater Quality CertificationHydroelectric ProjectsState Environmental Quality Review Act (SEQRA)Federal Power ActCPLR Article 78 ProceedingState AuthorityEnvironmental ReviewRegulatory Control
References
56
Case No. 13-06-00569-CV
Regular Panel Decision
Oct 30, 2008

Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, the Texas Commission on Environmental Quality, and Margaret Hoffman in Her Official Capacity as Executive Director of the Texas Commission on Environmental Quality

This case involves an appeal by Canyon Regional Water Authority (Canyon Regional) regarding water rates charged by Guadalupe-Blanco River Authority (Guadalupe-Blanco) and the administrative rules of the Texas Commission on Environmental Quality (the Commission). Canyon Regional challenged Guadalupe-Blanco's rate increases, arguing they were not

Water Rate AppealContractual InterpretationAdministrative LawDeclaratory ReliefAttorney's FeesSummary JudgmentPublic Interest HearingTexas Commission on Environmental QualityGuadalupe-Blanco River AuthorityCanyon Regional Water Authority
References
14
Case No. 03-15-00814-CV
Regular Panel Decision
Jun 02, 2016

A. I. Divestitures, Inc.// the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality v. the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality// A. I. Divestitures, Inc.

This case involves an appeal from a district court's order concerning a plea to the jurisdiction. Appellant A. I. Divestitures, Inc. (A.I.) challenged a 2013 compliance history rating assigned by the Texas Commission on Environmental Quality (Commission) and its Executive Director, Richard Hyde, which classified A.I. as an 'unsatisfactory performer'. A.I. argued that an agreed final judgment (AFJ) used by the Commission should not have been considered due to its specific terms and that the Commission's actions were arbitrary and capricious. A.I. also sought declaratory relief under various acts and alleged a breach of contract. The Court of Appeals determined that A.I.'s suit for judicial review was moot because the 2013 rating had been superseded. The court further held that A.I.'s claims for declaratory relief lacked a justiciable controversy and its breach of contract claim was barred by sovereign immunity, leading to the dismissal of the entire case for lack of subject matter jurisdiction.

Compliance HistoryEnvironmental RegulationJudicial ReviewPlea to JurisdictionMootness DoctrineSovereign ImmunityDeclaratory JudgmentBreach of ContractTexas Water CodeTexas Health and Safety Code
References
36
Case No. MISSING
Regular Panel Decision

Sunbeam Environmental Services, Inc. v. Texas Workers' Compensation Insurance Facility

The appellants, Sunbeam Environmental Services, Inc. and Alphonso Solomon and Company, Inc., challenged a district court judgment that found them jointly and severally liable to the Texas Workers’ Compensation Insurance Facility for unpaid insurance premiums, interest, and attorney’s fees. The appellants raised issues concerning the statute of limitations, sufficiency of evidence regarding contract terms, ASC's liability, and premium calculations, as well as the award of attorney’s fees and attorney authorization. The appellate court determined that the statute of limitations did not bar the claim, as the period commenced from the premium invoice date, not the policy expiration. Furthermore, the court found ample evidence to support the district court's findings on contract validity, ASC's shared financial responsibility, and accurate premium calculations. Ultimately, the judgment awarding unpaid premiums, interest, and attorney's fees to the Facility was affirmed.

Workers' CompensationInsurance PremiumsStatute of LimitationsSufficiency of EvidenceAttorney's FeesJoint and Several LiabilityPayroll AuditCorporate OwnershipAppellate ReviewContract Dispute
References
12
Case No. MISSING
Regular Panel Decision

Anderberg v. New York State Department of Environmental Conservation

The petitioners, residents along Clove Road, initiated a CPLR article 78 proceeding against the New York State Department of Environmental Conservation (DEC) and Ulster County Department of Public Works (Ulster County). The proceeding challenged DEC's decision to issue a stream disturbance permit for the replacement of a bridge on Clove Road, arguing that the project required a full State Environmental Quality Review Act (SEQRA) review, including an environmental assessment form (EAF). DEC and Ulster County classified the project as a Type II action, asserting it was a "replacement in kind" and thus exempt from comprehensive SEQRA review. The court found that the respondents had adequately considered environmental factors and that their classification of the project was not arbitrary or capricious. Consequently, the court dismissed the petition, ruling that no further SEQRA review was necessary. Additionally, the court denied the petitioners' motion for a default judgment against the Town of Gardiner concerning two other bridges, deeming the request premature.

Environmental LawSEQRA ComplianceBridge ConstructionAdministrative ReviewType II ActionStream Disturbance PermitPublic Works ProjectJudicial ScrutinyUlster CountyNew York State DEC
References
7
Case No. MISSING
Regular Panel Decision

ELG Utica Alloys, Inc. v. Department of Environmental Conservation

Petitioner Universal Waste, Inc. initiated an Article 78 proceeding to challenge the Commissioner of Environmental Conservation's denial of its application to reclassify a 21-acre parcel in Utica, Oneida County, from a Class 2 to a Class 3 inactive hazardous waste disposal site, or to have it removed from the registry entirely. The site, contaminated with polychlorinated biphenyls (PCBs) from a former scrap metal operation, had been designated a Class 2 site by the Department of Environmental Conservation (DEC) since 1985 due to a significant environmental threat, triggering a complex legal and administrative history. Despite an Administrative Law Judge's recommendation for reclassification to Class 3 following a hearing, the Commissioner ultimately denied the request in October 2011, concluding that petitioner failed to demonstrate the site no longer posed a significant threat to the environment. The Commissioner's decision highlighted the presence of massive quantities of PCBs, the absence of effective cleanup measures, and evidence of contamination exceeding state standards both on-site and migrating to the adjacent Mohawk River and wetlands. The Appellate Division affirmed the Commissioner's determination, dismissing the petition and finding no jurisdictional overreach, no substantial prejudice from a five-year delay in the decision, and that the Commissioner's findings were supported by substantial evidence.

Environmental LawHazardous WastePCB ContaminationSite ReclassificationAdministrative LawArticle 78 ProceedingEnvironmental Conservation Law (ECL)Inactive Hazardous Waste Site RegistryAppellate DivisionJudicial Review
References
20
Case No. MISSING
Regular Panel Decision

Vision Environmental Services Corp. v. New York City Department of Environmental Protection

The Appellate Division confirmed a determination by the Environmental Control Board, which found petitioners (an owner and a contractor) in violation of city asbestos regulations. The violations included failure to ensure workers wore protective gloves, maintain a proper ground-fault interrupter, provide adequate shower heads in the decontamination room, and ensure the shift supervisor wore proper protective clothing. The court found substantial evidence supported the Board's determination, and affirmed that the owner was liable for the contractor's violations. The petition brought pursuant to CPLR article 78 was denied and dismissed.

Asbestos RegulationsEnvironmental ViolationsWorker SafetyProtective EquipmentOwner LiabilityContractor LiabilityAdministrative ReviewArticle 78 ProceedingSubstantial EvidenceNew York City
References
1
Case No. 034765412M
Regular Panel Decision

McAtee v. Environmental Control Board of the Department of Environmental Protection

The petitioner, Darin E McAtee, sought to annul a New York City Environmental Control Board (ECB) determination that found him in violation of Administrative Code § 28-404.1 and imposed a $4,800 fine. The violation stemmed from a window washing company hired by McAtee, whose worker lacked a rigger's license. McAtee argued that the Administrative Code section was vague as applied to nonsupervisory homeowners and that New York Labor Law preempted local laws regarding window washers. The court found that the ECB's interpretation of the statute had no rational basis, as the code's language did not apply to homeowners who neither hoisted nor supervised the work. Consequently, the court granted McAtee's petition, annulled the ECB's determination, and dismissed the notice of violation.

Workers' CompensationAdministrative LawJudicial ReviewStatutory InterpretationHomeowner LiabilityBuilding CodesRigger LicenseDue ProcessPreemptionNew York City
References
12
Case No. MISSING
Regular Panel Decision
Mar 09, 2001

Hyman v. Aurora Contractors, Inc.

The case involves an action brought pursuant to Labor Law § 240 (1) after a construction worker, the plaintiffs decedent, fell to his death through an unguarded skylight. The jury apportioned liability, finding Aurora Contractors, Inc. and Environmental Systems of New York liable. The court affirmed the judgment, noting that evidence of post-accident safety measures was properly admitted. Environmental's contention regarding an erroneous action against it due to a pending cross-claim was raised for the first time on appeal and deemed waived because Environmental had answered the cross-claim as a proper pleading.

Construction AccidentUnguarded SkylightLiability ApportionmentPost-Accident Safety MeasuresWaiver of ClaimCross-ClaimJury VerdictWrongful DeathLabor Law Violation
References
1
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