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. […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 ...
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 ...
Case Digests
- Fourth Department – Substitution of counsel: People v. Bredt
- Fourth Department – Statute of limitations: Broton v. County of Onondaga
- Fourth Department – Suppression: People v. Ayer
- Fourth Department – Breach of contract: Amber Well Drilling v. Reed , et al.
- Fourth Department – Murder: People v. Baxter
- Fourth Department – Judgment lien: Anthone v. Carlo
- Fourth Department – Video evidence: People v. Alexander
- Court of Appeals- Copyright infringement: Richardson v. Townsquare Media Inc.
- Fourth Department – Marital property: Zatyko v. Zatyko
- Second Circuit – Supervised release: United States v. Brown
- Fourth Department – Exculpatory evidence: People v. Williams
Law News
- Judge suppresses evidence in drug case, cites ‘troubling aspect of police behavior’
- NY appeals court rules EMT is not entitled to jury trial on misconduct complaint
- Law Day – Celebrate judicial independence
- NY appeals court reinstates medical malpractice lawsuit
- Lender files foreclosure action on Rochester Airport Marriott
- ERPO issued against former prison guard connected to inmate death
- NY appeals court vacates convictions over illegal frisk
- The Goldberg Segalla law firm celebrates 25th anniversary





