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· 5/19/2016

Matter of Lamb v. DiNapoli

Citations

  • 139 A.D.3d 1312
  • 33 N.Y.S.3d 482

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that review of a district court’s futility determination is de novo
  • noting that review of a district court’s futility determination is de novo
  • noting that “NEPA does not include a citizen’s suit provision”
  • requiring environmental injury to the NEPA plaintiff itself or those it represents
  • “Because NEPA does not include a citizen’s suit provision, [the plaintiffs] commenced this action by way of the [APA].”
  • “[W]e must analyze . . . dismissal under Rule 12(b)(6) because the issue is whether appellants alleged harm that falls within NEPA’s zone of interests, a question of statutory standing.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lahtinen, McCarthy, Devine, Clark, Mulvey

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.