A legal maxim is that bad facts often make bad law. It appears that complex facts may have confused an Appellate Division court in In the Matter of FMC Corporation vs New York State Department of Environmental Conservation, 2016 N.Y. App. Div. LEXIS 6785 (App. Div.-Third Dept. 10/20/16) where the three judge-panel appeared to rule that may not spend money from the state superfund until it first provides a hearing to a potentially responsible party.
See link for analysis of this case: http://www.environmental-law.net/2016/11/appellate-court-restricts-dec-ability-spend-superfund-money/