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Environmental Law

Jun 16, 2013

Environmental Law: New York State DEC revises SEQR EAF forms

The New York State Environmental Quality Review Act (SEQR) was adopted in 1976 and requires that state and local agencies evaluate potential environmental impacts of projects prior to granting approval. […]

Apr 15, 2013

Environmental Law: ASTM revises environmental site assessment standard

The American Society for Testing and Materials (ASTM) developed the initial Phase I Environmental Site Assessment (ESA) standard in 1993 to address the scope of environmental due diligence required prior […]

Feb 18, 2013

Environmental Law: Renewable energy benefits from the ‘fiscal cliff’

Discussions about energy in New York have remained intensely and divisively focused on the extraction of reserves of natural gas from the Marcellus shale. Even as the Department of Environmental […]

Dec 17, 2012

Environmental Law: Is an increased risk of disease actionable?

Picture claimants living near an old factory which used large quantities of solvents, including trichloroethylene, classified as a human carcinogen. Over the years, TCE seeped into the ground and groundwater, […]

Oct 15, 2012

Environmental Law: DEC’s proposed environmental self-audit policy

The New York State Department of Environmental Conservation is working on a new Self-Audit Policy to encourage environmental compliance. The draft policy is being finalized and is expected to be […]

Aug 17, 2012

Environmental Law: Shifting energy economy: Is fracking inevitable?

“Fracking,” as a term of art and as a symbol, has penetrated the public consciousness to an amazing degree. There is, it seems, hardly anyone in Western New York who […]

Jun 15, 2012

Environmental Law: Stormwater regulation in WDNY – a cautionary tale

What do Wal-Mart opponents, stormwater regulation and the Western District of New York have in common? After failing to overturn local land use approvals through Article 78 proceedings in state […]

Apr 15, 2012

Environmental Law: Update: NY litigation over Marcellus Shale development

As previously reported in this column, the New York State Department of Environmental Conservation is still weighing public comments and considering proposed regulations to address Marcellus Shale development. But now, […]

Feb 21, 2012

Environmental Law: Is it time to amend the Navigation Law?

One of the most perplexing and frustrating environmental issues that arises in connection with the acquisition of real property has been the draconian, and many would argue  inequitable, use of […]

Dec 16, 2011

Environmental Law: Local regulation of Marcellus shale development

As the New York State Department of Environmental Conservation accepts public comments on proposed regulations to address Marcellus shale development, many local communities are beginning to weigh in on the […]

Oct 20, 2011

Environmental Law: Environmental claims against debtors hard to discharge

The recession and the difficult economic times that have persisted have pushed many companies, large and small, to seek protection from liabilities and attempt reorganization through bankruptcy. The goal of reorganization under Chapter 11 of the Bankruptcy Code ...

Aug 12, 2011

Environmental Law: Revised recommendations on Marcellus Shale development

The development of the natural gas resources in the Marcellus Shale formation across the southern tier of New York and Pennsylvania has taken off within the last few years. While leasing and exploration in New York has continued, well permitting and development has been on hold ...

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