New York Law Journal | Analysis
By John C. Coffee Jr. | July 20, 2022
If the conservative majority on the Supreme Court intends to dismantle (or at least downsize) the Administrative State, this coming year may prove critical because the opportunities for major downsizing have already been placed on the court's agenda.
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | July 13, 2022
The most important SEQRA development by far will come if Governor Kathy Hochul signs a bill that would amend the statute by requiring far more baseline and cumulative impact review, and barring the issuance and renewal of permits that would have disproportionate impacts.
New York Law Journal | Expert Opinion
By Scott Mollen | July 12, 2022
Scott Mollen discusses a commercial landlord-tenant case "Ralph Lauren Retail Inc. v. 888 Madison LLC," an environmental case "Mahoney v. U.S. Dep't of the Interior," and a landlord-tenant holdover case, "LaPorte v. Garcia."
By Jason Grant | June 29, 2022
Second Circuit Judges Michael Park and William Nardini, in a majority opinion, said it wasn't necessary for the U.S. Department of Justice to have actually exercised authority over the special prosecutor appointed by the judicial branch in Donziger's widely publicized contempt case. It was enough, they ruled, that the U.S. Attorney could have exercised such authority.
New York Law Journal | Analysis
By Karen Meara and Christopher Rizzo | June 21, 2022
Karen Meara and Christopher Rizzo devote this edition of their Domestic Environmental Law column to highlighting the state's substantial and ongoing progress on offshore wind.
By Raymond N. Pomeroy II | June 17, 2022
Having inherited LL97 from the prior administration, this administration faces the daunting task of developing the rules and agency infrastructure necessary to implement what is likely the most aggressive, building-focused GHG emissions reduction law in the country.
By Margaret Peloso and Zach Swartz | June 17, 2022
On March 21, the SEC proposed sweeping new requirements for climate change disclosures. If finalized, the proposed rules would require extensive disclosures on climate risk in SEC filings and the inclusion of climate risks in audited financials for all public companies, irrespective of industry focus.
New York Law Journal | Analysis
By Amy Roy, Amy Longo, William Davison and Michael Littenberg | June 15, 2022
Just days before issuing proposed rule amendments regarding the use of environmental, social, and governance (ESG) factors in mutual funds, the SEC gave a preview of its enforcement agenda with the settlement and $1.5 million penalty against a mutual fund adviser for alleged misstatements and omissions in fund disclosures regarding ESG considerations. The settlement suggests that enforcement agenda will be aggressive and far-reaching.
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | May 11, 2022
The 2022 budget legislation expanded DEC's role by changing the definition of areas that constitute a regulated freshwater wetland.
New York Law Journal | Analysis
By David J. Freeman, Lawrence P. Schnapf and Matthew J. Sinkman | May 2, 2022
The New York state budget has extended and revised the state's Brownfield Cleanup Program, a win for developers, environmental advocates, and community groups that would like to see the many remaining brownfield sites in New York State cleaned up and made usable again.
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