New York Court of Appeals November 29, 1983 (Power Authority v. Williams)

OPINION OF THE COURT

Jones, J.

In acting on an application for State section 401 certification of a hydroelectric project as a prerequisite to the issuance of a Federal license therefor, the Commissioner of Environmental Conservation is limited to determining whether applicable water quality standards will be met and is not empowered to base his decision on a balancing of need for the project