New York Law Journal | Analysis
By Charlotte A. Biblow | January 22, 2020
In her State Environmental Regulation column, Charlotte A. Biblow discusses "Operation Pay Dirt," a multi-agency investigation into the disposal of solid waste and construction and demolition materials at various residential and commercial sites on Long Island. The investigation also prompted the introduction of a bill in the New York State Senate that would create multiple new environmental crimes to address illegal dumping.
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | January 8, 2020
In 2019, with the Democrats newly in full control of the State Senate, the Assembly and the Governor's office, New York adopted more environmental legislation than it had in more than a decade. In this edition of their Environmental Law column, Michael Gerrard and Edward McTiernan report on these developments and numerous other laws targeting environmental concerns.
By Tom McParland | January 6, 2020
Seward & Kissel partner Rita Glavin on Monday denied the firm had any existing client relationships that would impact the firm's ability to impartially prosecute the case.
By Jack Newsham | January 3, 2020
The suspended lawyer, who is being prosecuted by a team of Seward & Kissel lawyers, has said business connections between the firm, its clients and Chevron call their impartiality into question.
By Tom McParland | November 22, 2019
Attorneys for New York City maintain that the case is not about emissions at all. Rather, they contended the companies should be held responsible for social costs they knew would result from the production and sale of fossil fuels to consumers.
By Charlotte A. Biblow | November 21, 2019
In March 2018, New York state, through the NYSDEC, filed a petition with the U.S. Environmental Protection Agency to require power plants and large industrial sources in nine upwind states to reduce their contribution of pollution impacting New York. On Oct. 18, 2019, the EPA denied the petition. In her State Environmental Regulation column, Charlotte A. Biblow reviews the main provisions of the state's petition, and then examines the EPA's denial.
New York Law Journal | Expert Opinion
By Scott E. Mollen | November 12, 2019
In his Realty Law Digest, Scott E. Mollen discusses "Fresh Air for the Eastside Inc. v. Waste Management of New York," where the plaintiffs plausibly alleged that a landfill's emissions were more than a mere annoyance; and "Garrasi v. Selene Finance," where a borrowers' assignee was found not to be a "borrower" for purposes of standing to bring a RESPA claim.
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | November 6, 2019
Over the past several months both the Trump administration and courts in New York have attempted to strike a balance between the tendency of agencies to use guidance to expand their authority without the protections associated with notice and comment rulemaking. In their Environmental Law column Michael Gerrard and Edward McTiernan explore these recent developments and what they might mean as for the EPA and DEC.
New York Law Journal | Analysis
By Christiane Schuman Campbell and Nanette Heide | October 28, 2019
Corporate social responsibility has emerged as a key factor that can significantly impact a brand's value. Brands that refuse to embrace CSR face potential diminution in value or, even worse, the slow and painful death known as irrelevance.
New York Law Journal | Analysis
By Karen Meara and Christopher Rizzo | October 23, 2019
New York state recently enacted a sweeping new law to curtail greenhouse gas emissions from virtually all sources over the next 20 to 30 years. The law contains no specific regulatory roadmap and instead leaves the details to be developed over the next three years with the state Department of Environmental Conservation and the Public Service Commission taking leading roles. As New York takes up the hard work of developing a regulatory path forward, it will need to tread carefully to withstand the public and legal scrutiny that lies ahead. In their Domestic Environmental Law column, Karen Meara and Christopher Rizzo have identified three significant challenges that the state will face as well as possible solutions.
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