New York Law Journal | Expert Opinion
By Michael B. Gerrard and Edward McTiernan | September 8, 2021
In 2020, the courts decided 47 cases under the New York State Environmental Quality Review Act (SEQRA). In this edition of their Environmental Law article—the 30th anniversary of this column's first annual SEQRA review—Michael Gerrard and Edward McTiernan discuss the cases, which continued the familiar pattern that the safest way for a controversial project to withstand attack in court is to prepare a full EIS.
By Amanda Bronstad | September 3, 2021
Five years after its filing, a lawsuit over GM's diesel vehicles filed in the wake of the Volkswagen emissions scandal could come to a screeching halt. A federal judge Michigan has ordered the plaintiffs firms to show why their lawsuit shouldn't be tossed, noting he had "serious doubt" that he had jurisdiction over the case given there was no evidence of a "defeat device."
By Robb Roby | August 27, 2021
In June 2021, Lina Khan was sworn in as Chair of the FTC. She is expected to pursue an aggressive enforcement policy for consumer protection, including advertising and marketing conduct. So, what are the three things that you should know about environmental marketing under the current Green Guides?
By Tom McParland | August 4, 2021
U.S. District Judge Vernon S. Broderick found that attorneys for the state government had failed to state a claim against dozens of firms in the case, part of a consolidated and long-running multi-district litigation, which sought damages for cleaning groundwater that had been contaminated by methyl tertiary butyl ether, or MTBE.
By Jason Grant | July 26, 2021
"A lawyer, of all people, should know that in the face of a perceived injustice, one may not take the law into his own hands," wrote Manhattan federal court Judge Loretta Preska while quoting the Second Circuit decision of U.S. v. Cutler. Donziger, who has long argued the trial has been rigged against him, has vowed to appeal.
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | July 7, 2021
The most far-reaching part of the Climate Mobilization Act is Local Law 97, which places caps on how much greenhouse gas can be emitted from large residential and commercial buildings. The incoming Mayor's first term will roughly coincide with several of the key implementation deadlines in the law. In this edition of their Environmental Law column, Michael B. Gerrard and Edward McTiernan review the key elements of Local Law 97 and offer five suggestions for how the next Mayor might deal with the challenges it presents.
By Jane Wester | July 2, 2021
Acting U.S. Attorney Jacquelyn Kasulis said the new teams are a response to President Joe Biden's emphasis on those two priorities.
New York Law Journal | Analysis
By Karen Meara and Christopher Rizzo | June 21, 2021
A proposed environmental rights amendment in New York would create an individual right to clean air, clean water and a healthy environment. In this edition of their Domestic Environmental Law column, Karen Meara and Christopher Rizzo consider what the amendment might mean for New Yorkers, lawyers and courts.
By Jane Wester | May 18, 2021
The city's fuel contracts took into account the possibility that the biodiesel tax credit would be reinstated, but a vendor stopped doing so, according to the complaint in Brooklyn federal court.
By Jason Grant | May 17, 2021
The gone-in-a-flash defense case was another twist in Donziger's battles with Chevron and, more directly in recent years, with two federal trial judges sitting in the Southern District of New York who have presided over a Chevron-linked civil-fraud case brought against Donziger and his criminal prosecution: Judge Lewis Kaplan in the civil matter and Judge Loretta Preska in the criminal case.
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