From: dave@nymaterials.com [mailto:dave@nymaterials.

com]
Sent: Thursday, April 21, 2011 12:00 PM
To: John Davidson
Subject: DERA - WE WON

TO: ALL MEMBERS

The Appellate Division issued its decision on our DERA lawsuit today and we won! The court
unanimously overturned the Saratoga County Supreme Court decision. A link to the actual
decision is provided below (you may need to paste it to your browser).

Much like the Riccelli decision, the Appellate Division clearly decided that DEC overstepped
their bounds when promulgating the DERA regulations. A more detailed analysis will be sent to
all members when the full impact of the decision has been determined by Association Counsel.
At a very minimum, subcontractors and materials suppliers ARE NOT subject to the retrofitting
requirements of DERA.

This is one of the few times that industry has prevailed over the state on "Air" related issues -
and I offer my congratulations to all NYMaterials members! We fought a good fight, and we
won!

More soon
Dave

http://decisions.courts.state.ny.us/ad3/Decisions/2011/510593.pdf