New York Court of Appeals
In the Matter of Chemical Specialties Manufacturers Association, Appellants v. Thomas C. Jorling, as…
February 9, 199585 N.Y.2d 382
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that the Department of Environmental Conservation had statutory authority under ECL article 33 title 3 to ban high‑concentration DEET products, that the ban precludes challengers from relitigating its scientific basis in title 7 cancellation proceedings, and that the rule was neither arbitrary nor capricious, complied with SEQRA, and did not violate the Commerce Clause.