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NEW YORK STATE

COURT OF APPEALS
________________________________________________________________________

 

BATH PETROLEUM STORAGE INC. and E.I.L. PETROLEUM, INC.,

Petitioners - Appellants,

-against-

THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, and JOHN P. CAHILL, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,

Respondents - Respondents.
________________________________________________________________________

NOTICE OF MOTION OF THE NEW YORK PROPANE GAS ASSOCIATION FOR LEAVE TO SUBMIT AMICUS CURIAE MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO APPEAL

Civil Appeal No. 01-02144
Livingston County Index No. 01-601

________________________________________________________________________

Deborah F. Howitt
Sherin and Lodgen LLP
100 Summer Street
Boston, MA 02110
(617) 646-2000

The New York Propane Gas Association ("NYPGA"), as amicus curiae, respectfully requests leave of this Court to file a brief in support of Petitioners-Appellants' pending motion for leave to appeal to this Court from an Order of the Appellate Division, Fourth Department, dated and entered October 1, 2002 (the "Appellate Division Order"). NYPGA is a member-focused trade organization with a principal place of business in Albany, New York, and is affiliated with the National Propane Gas Association. Formed in 1948, NYPGA provides services that educate and promote the propane industry throughout New York State. NYPGA offers its members opportunities to learn about the propane industry through training and networking with peers, and assists its members in remaining current with legislative and regulatory issues affecting the propane industry. NYPGA often represents the interests of New York's propane businesses before government agencies to ensure the safe and successful operation of the propane industry. NYPGA comments on proposed regulations in order to balance the interests of its members with the recognized need for environmental protection, and to lend industry expertise to the regulatory rulemaking process.

As grounds for its request, NYPGA states that its amicus curiae brief would be of special assistance to the Court because this proceeding presents many legal and policy issues of state, regional, and national concern due to the Petitioners-Appellants' contribution and importance to propane gas supply levels in New York State and the northeast. NYPGA brings a unique perspective to the proceedings that will add to the Court's understanding of the underlying dispute, New York State Department of Environmental Conservation's denial of the Petitioners-Appellants' request to renew the wastewater discharge permit that has governed wastewater discharge at Petitioners-Appellants' facility in Bath, New York for nearly thirty years. Additionally, NYPGA offers a unique, state-wide perspective on the regulatory issues before this Court. NYPGA members are directly affected by state regulations that adversely impact the development of the industry and, therefore, NYPGA plays an active role in supporting its members in regulatory affairs when appropriate and, in the instant case, necessary.

For the foregoing reasons, the New York Propane Gas Association, as amicus curiae, respectfully requests that this Court grant its motion for leave to file a brief in support of Petitioners-Appellants' pending motion for leave to appeal.

The return date for this motion is December 2, 2002.

Dated: November 22, 2002
Boston, Massachusetts

Respectfully submitted,
NEW YORK PROPANE GAS ASSOCIATION

By: ______________________________
Deborah F. Howitt
Sherin and Lodgen LLP
100 Summer Street
Boston, MA 02110
(617) 646-2000


CERTIFICATE OF SERVICE

A true and correct copy of the foregoing was sent by overnight mail on November ____, 2002, to:
John J. Privitera, Esq.
William A. Hurst, Esq.
75 State Street - P.O. Box 459
Albany, New York 12201-0459

Jerry William Boykin, Esq.
W. Michael Holm, Esq.
6862 Elm Street, Suite 800
McLean, VA 22101

Joseph Koczaja
Assistant Attorney General
NEW YORK STATE DEPARTMENT OF LAW
The Capitol
Albany, New York 12224

________________________________

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