“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 is not aware of, or has an opinion about, this ...

Tagged with: Environmental Law

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 court, Wal-Mart opponents have consistently foundered in the federal district ...

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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, many local communities are beginning to act on the issue. ...

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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 the Navigation Law to affix liability for spills or releases ...

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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 issue. The DEC needs to finalize state regulations before it ...

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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 ...

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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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More than a decade has passed since the New York State Departments of Health and Environmental Conservation and the U.S. Environmental Protection Agency discovered they had significantly underestimated the potential for contaminated soil and groundwater to “off-gas,” and for the resulting chemical vapors ...

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The New York State Environmental Quality Review Act was adopted in 1976 and requires that state and local agencies evaluate potential environmental impacts of projects prior to granting approval. Since enactment, it has served as the principle environmental planning tool ...

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Appellate Division, Third Department Environmental Law Strict Liability — Discharges — Underground Tanks Matter of Veltri v. New York State Office of State Comptroller 2011 N.Y. Slip Op. 00761 Article 78 Proceeding; Supreme Court, Albany County Background: A landowner brought ...

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U.S Court of Appeals, Second Circuit Environmental Law Wetlands Goodspeed Airport LLC v. East Haddam Inland Wetlands & Watercourses Commission 10-516-cv Appealed from the District of Connecticut Background: Goodspeed Airport sought declaratory and injunctive relief establishing and protecting its right ...

Tagged with: Environmental Law Second Circuit U.S Court of Appeals

Environmental issues did not play a significant role in the gubernatorial contest between Andrew Cuomo and Carl Paladino. Although environmental concerns, from alternative fuels to zebra mussels

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