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Recent Articles from George S. Van Nest
Environmental Law: NY taking aggressive climate policy action with legislation and regulations
In past columns we have reported on the Climate Leadership and Community Protection Act (CLCPA), which was adopted by Gov. Cuomo in 2020. The CLCPA requires that New York State limit greenhouse gas emissions (GHG) from all sectors (power generation, transportation, industrial/institutional facilities, etc.) to 60% of 1990 emissions by 2030 and 15% by 2050. […]
Environmental Law: Biden administration proposes changes to National Environmental Policy Act regulations
On Oct. 6, the Biden administration announced additional steps to roll back regulatory reforms instituted by the Trump administration. The Council on Environmental Quality (CEQ) announced that it plans to restore three central provisions of National Environmental Policy Act (NEPA) regulations to aid “the Biden Administration’s whole-of-government approach to tackling the climate crisis and con[...]
Environmental Law: Biden Administration electric vehicle mandate faces practical, economic challenges
On Aug. 5, President Joe Biden announced that he would sign an Executive Order that sets the ambitious goal of making one-half of all new vehicles sold in 2030 zero emission vehicles, including battery electric, plug-in hybrid electric or fuel cell electric vehicles. While the goals are in line with Biden’s initial Executive Order on […]
Environmental Law: Biden administration proposes major green policies under infrastructure plan
The Biden administration announced a major infrastructure plan captioned the American Jobs Plan in March 2021 with massive $2.3 trillion expenditures and a broad definition of what counts for infrastructure. The proposal addresses bridges and roads to an extent but delves into climate change and energy re-structuring in a major way. In particular, the plan […]
Environmental Law: United States energy policy changes dramatically under Biden administration
As we reported on in this column previously, national energy policies were key issues in the 2020 presidential election. After a tumultuous election and inauguration, newly elected President Biden wasted no time dramatically changing United States energy policy. Within hours of the oath of office, the new president signed an Executive Order declaring climate change […]
Environmental Law: Potential environmental policies in a new presidential administration
With the presidential election concluded and a new Biden administration on the horizon in 2021, it’s useful to look ahead to potential environmental policies that may be implemented. Although environmental policy changes from administration to administration, the switch from one party to the other carries the potential for dramatic change and national impacts. While the […]
Environmental Law: Energy policy and the fracking battle in the November election
With the presidential election less than three weeks out and the pandemic hitting the state, questions about energy policy and fracking are popping up in various ways. Although it has been a few years since this column has addressed fracking or hydraulic fracturing in New York, a means of oil and natural gas development, the […]
Environmental Law: NYS outdoor recreation booms under the coronavirus shutdown
Although we regularly report on legal and regulatory developments in this column, the COVID-19 pandemic and NYS On PAUSE lead to some interesting positive developments regarding the use and enjoyment of the State’s vast recreational opportunities. As NYS ramped up to the COVID-19 shutdowns during the second week of March, the calendar had a number […]
Environmental Law: NYS Adopts Accelerated Renewable Energy Growth and Community Benefit Act
The COVID-19 pandemic has disrupted most business and governmental matters in New York since early March, but in the midst of it, Gov. Cuomo succeeded in substantially changing the process for renewable energy siting. In conjunction with his proposed budget in January 2020, Cuomo pushed revisions to siting regulations for electric generation facilities under Article […]
Environmental Law: Cuomo, electric generation siting board push expedited revisions to siting regulations
In conjunction with his proposed budget in January 2020, Gov. Andrew Cuomo stated that there is a need to revise and expedite siting regulations for electric generation facilities under Article 10 of the Public Service Law (PSL). In particular, the Governor complained about the amount of time it takes to site new renewable energy projects, […]
Environmental Law: EPA and Corps take another regulatory step with waters of the U.S. rule
As we noted previously in this column, on Feb. 28, 2017, President Trump issued an executive order directing the U.S. Environmental Protection Agency (EPA) and the Corps of Engineers to review and rescind the 2015 “waters of the United States” rule that was issued under the Clean Water Act. The initial rule and repeal efforts […]
Environmental Law: Significant regulatory changes to the U.S. Endangered Species Act
On August 12, 2019, the U.S. Fish and Wildlife Service (FWS) and Department of Commerce National Marine Fisheries Service (NMFS) finalized revisions to several key sections of the Endangered Species Act (ESA) regulations. The ESA has been in place for 45 years and has aided in protection and recovery of numerous species of fish […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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