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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 […]
Environmental Law: U.S. EPA and Corps of Engineers work to repeal 2015 waters of the U.S. rule
On Feb. 28, 2017, President Donald 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 […]
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 […]
Environmental Law: New York State significantly revises Part 360 Solid Waste Management Regulations
On Sept. 5, 2017, the New York State Department of Environmental Conservation (DEC) concluded an extensive regulatory revision process to make the first major changes to the Solid Waste Management […]
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 […]
Environmental Law: U.S. Environmental Protection Agency ends “sue and settle” practice in environmental litigation
Over the years the U.S. Environmental Protection Agency (EPA) has regularly settled litigation brought by environmental interest groups and stakeholders through consent decrees and settlement agreements that force EPA action […]
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 […]
Environmental Law: D.C. Circuit Court of Appeals nullifies part of the Obama administration’s 2013 Climate Action Plan regarding HFC ban
The Obama administration adopted a Climate Action Plan in 2013, which addressed climate change issues. Pursuant to the Climate Action Plan, the past administration indicated that “the [EPA] will use […]
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 […]
Environmental Law: Trump reverses past climate change policies with energy independence order
On March 28, President Donald Trump signed an executive order to dramatically shift course from the climate change focus of the Obama administration. The order has several components which will […]
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. […]
Environmental Law: Donald Trump and the Environmental Agenda
Writing this column in December 2016, now a month past the surprising presidential election result, brings with it many uncertainties. Predicting environmental policy in new administrations is challenging under normal […]
Case Digests
- Second Circuit – Long-arm jurisdiction: Northwell Health Inc. v. Group Hospitalization and Medical Services Inc.
- Fourth Department – Motor vehicle accident: Thurston v. Howard
- Western District Case Notes
- Fourth Department – Disclosure: People v. Smith
- Second Circuit – Petition for bail: Fulton v. Mullin
- Fourth Department – Breach of lease agreement: Three Buds, LLC v. NCTBP Calabrese LLC
- Second Circuit – Expert testimony: Rutledge v. Walgreen Co.; Phippen v. Walgreen Co.
- Second Circuit – Congestion pricing: County of Rockland v. Triborough Bridge & Tunnel Auth.
- Fourth Department – Apartment search: People v. Shaw
- Fourth Department – Vicarious liability: Sarah R. v. Crouse Health Hospital
- Fourth Department – Waiver of indictment: People v. Schindler
Law News
- New York sues Kalshi, says its prediction markets are illegal gambling
- Police investigate alleged misappropriation of Walworth Fire Department funds
- New trial granted for defendant unhappy with their attorney
- NY appellate court reinstates medical malpractice case
- NY appeals court reinstates slip-and-fall lawsuit
- Charter Communications must pay penalty for retaliation against employee
- Webster resident named to lead national court reporter group
- NY appeals court affirms rape conviction, rejects speedy trial claim