EPA v. New York State Canal Corporation

Case summary

1) Judicial civil action to acquire property by eminent domain in connection with issuance of administrative access order 02-2007-2012 issued on 3/29/2007; 2) filing of action to obtain three properties totalling 44.37 acres which are owned by defendant New York State Canal Corporation in order to implement the remedial action for the Hudson River PCBs Site; 3) Filing is necessary because administrative order created a taking of the state's property interest. Properties will serve as a wharf for the transfer facility for dredged materials, an access road to such facility, and a support marina for dredging operations. Property title obtained by EPA as a result of complaint filed on July 15, 2008. Case resolved with payment of $355,600 pursuant to final judicial order issued on July 28, 2008.

Defendants (1)

• New York State Canal CorporationNamed in complaintNamed in settlement

Facilities (1)

• HUDSON RIVER PCBS

  NO STREET APPLICABLE, GLENS FALLS, NY, 12801

  Registry ID: 110009302879

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• New York State Canal Corporationentered 2008-07-28

  Primary law: CERCLA

Timeline (7 milestones)

• 2007-09-27Referred To Dept Of Justice
• 2007-10-03Enforcement Action Data Entered
• 2008-07-15Complaint Filed With Court
• 2008-07-28Concluded
• 2008-07-28Final Order Lodged
• 2008-07-28Final Order Entered
• 2008-08-01Enforcement Action Closed