Recent Articles from Ronald G. Hull
Environmental Law: Environmental consulting evolving through technology
One of the benefits of practicing environmental law is the opportunity to work with and learn from environmental scientists and professionals, both in and outside government. For the past 20 years, I have enjoyed the privilege of being the master of ceremonies/moderator of the annual environmental learning conference co-sponsored by the Genesee Finger Lakes Chapter […]
Environmental Law: DEC adopts updated SEQR regulations
Almost everyone who has applied for a permit or other approval from a government board or agency has encountered the State Environmental Quality Review Act, more commonly known by its acronym, SEQR. Since 1975, SEQR has required the consideration of environmental impacts of proposed projects by all state and local agencies in New York when […]
Environmental Law: Makers of household cleaning products required to come clean about ingredients
In 1972, in the midst of a period that might be considered the boom time for new environmental law in New York, the Legislature enacted Article 35 of the Environmental Conservation Law relating to the distribution and sale of household cleansing products in the state. The law restricted the manufacture of products containing phosphorus and […]
Environmental Law: Not in my backyard? Article 10 and the siting of electric generating facilities
The proposal to locate a waste-to-energy facility on the former Seneca Army Depot in the Town of Romulus in Seneca County has reignited interest in New York State’s uneven approach to local control over the siting of “locally undesirable land uses.” There has been a string of court decisions confirming local authority to use zoning […]
Environmental Law: The three legs of environmental law enforcement—the EPA, the DEC and citizens
A question frequently asked of environmental lawyers these days is to predict what the Trump administration will do regarding environmental regulation and enforcement. Certainly in relation to regulations intended to slow or stop climate change by eliminating emissions of greenhouse gases, the answer is clear. The Environmental Protection Agency’s proposal to repeal the Clean Power […]
Environmental Law: New York legislature eyes unilateral elimination of greenhouse gas emissions
“We’ll always have Paris”—Rick Blaine, “Casablanca” On the heels of the United States’ announced exit from the Paris Accord, the New York State Assembly is renewing the effort to keep the Accord alive in New York and to make the state a national model for the control of greenhouse gases, as well as leading the […]
Environmental Law: Governor, senators back clean water and spending to improve infrastructure
For years, grassroots organizations such as Genesee RiverWatch, Hudson Riverkeeper, Buffalo Niagara Riverkeeper, the Nature Conservancy and others have advocated for improvements in water and wastewater infrastructure and watershed protection. Contaminated drinking water events in Hoosick Falls, Newburgh, Petersburgh and on Long Island; the appearance of harmful algae blooms in the Finger Lakes an[...]
NYS schools must test drinking water for lead
On Sept. 6, 2016, Gov. Andrew Cuomo signed legislation mandating that schools across the state test their drinking water for lead contamination. The same day the New York State Department of Health issued emergency regulations implementing the new law and requiring that school districts test their drinking water for lead contamination by Oct. 31, 2016. […]
Environmental Law: Rediscovering the Genesee River
Often, the solution for protecting and improving natural resources is to minimize human interference with natural forces; but not always. The Genesee River is a case in point. The river is partially tamed and controlled by the Mount Morris Dam, which for decades has protected the lower Genesee Valley and the City of Rochester from […]
Cooling tower deadline looms
This region has many opportunities for environmental education, but one of the premier events is an annual day-long environmental education seminar co-sponsored by the Genesee Finger Lakes Chapter of the Air & Waste Management Association and the New York Water Environment Association. At the conference held on Feb. 10, more than 250 environmental professionals heard […]
Environmental Law: Defining U.S. waters: an environmental odyssey
A generation ago, Congress enacted the Federal Water Pollution Control Act Amendment of 1972, known ever since as the Clean Water Act. A foundation of present day environmental regulation, the Clean Water Act has been a resounding success story. The nation’s rivers, lakes and streams are not by any measure pristine, but they are cleaner […]
Environmental Law: COA limits review of federal stormwater program
Stormwater regulation is usually not a conversation starter, unless it is flowing through your yard, but a recent decision by the Court of Appeals, Natural Resources Defense Council v. New York State Department of Environmental Conservation is noteworthy on several levels. First, the actual controversy in the case, whether DEC’s system of regulating and controlling […]
Case Digests
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- 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
Law News
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- 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