Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By John Rousakis | December 19, 2018
It is not unusual for inexperienced political appointees to lead the charge on matters beyond their depth of expertise. Nonetheless, as we learned in past cases, agencies are allowed to change and even repeal their own rules, as long as they can show they have a rational basis for doing so. Given the sheer number of federal environmental rule repeals currently in process, and the variety of jurisdictions in which they are pending, the Administration's opponents are likely to succeed. Whether they can sustain those victories in light of agency-friendly jurisprudence will have significant consequences for the future of environmental law, and the environment.
New York Law Journal | Analysis
By Michael Rikon | December 17, 2018
In his Condemnation and Tax Certiorari column, Michael Rikon discusses condemnation challenges, writing: A petitioner will find it extremely difficult to prevail and have a petition granted to reject the condemnor's Determination and Findings. If an adequate basis for determination is shown and the objector cannot show that the determination was without foundation, the agency's determination will be confirmed.
New York Law Journal | Analysis
By Stephen L. Kass | December 11, 2018
International Environmental Law columnist Stephen L. Kass writes: The nations of the world, including the United States, have gathered in Katowice, Poland for the last two weeks to urge each other to do more than pretend to address climate change. There is now near-universal recognition (Donald Trump excepted) that their rhetorical commitments at Paris three years ago will, even if honored, be insufficient to slow climate change enough to keep average global temperatures below, or even at, 2 degrees Celsius (3.6 degrees Fahrenheit) above average temperatures at the start of the industrial revolution in 1750.
New York Law Journal | Analysis
By Anne-Mette Elkjaer Andersen | December 6, 2018
With the new rules, subject to a few transition exceptions, the practice of geology will be restricted in a manner similar to engineering, land surveying, architecture, and landscape architecture in New York.
New York Law Journal | Analysis
By Charlotte A. Biblow | November 29, 2018
State Environmental Regulation columnist Charlotte A. Biblow writes: With the election over, Gov. Andrew Cuomo reelected, and Democrats having taken control of both houses of the New York state legislature, it appears likely (or at least more likely than ever before) that Albany finally will bring congestion pricing in one form or another to New York City as a way to cut traffic and finance mass transit improvements.
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | November 7, 2018
Environmental Law columnists Michael B. Gerrard and Edward McTiernan write: Heat causes more deaths in the U.S. than any other natural hazard—more than floods, hurricanes, or tornadoes. As a result of climate change, it is getting worse. This column discusses legal tools that could help cities and their residents cope with this dangerous phenomenon.
New York Law Journal | Analysis
By Karen Meara and Christopher Rizzo | October 24, 2018
In their Domestic Environmental Law column, Karen Meara and Christopher Rizzo write: Historically, the most consistent aspect of now-Justice Kavanuagh's record regarding environmental (and other administrative law) matters has been his insistence that agencies never stray from a strict reading of the statute at hand, even when a strict reading leads to undesirable results. We consider whether he has applied this approach evenly and conclude that he has not.
By Jason Grant | October 23, 2018
The concern long expressed by the city's sanitation commissioner, and backed by the appeals court's decision, is that soft foam coffee cups, plates, egg cartons and other food containers simply end up being an environmental hazard as they pack landfills.
New York Law Journal | Letter to the Editor
By Sally Fisk, Jeffrey Gracer, Kevin Healy, Lauren Kurtz, Michael Mahoney, Adam Stolorow and Amy Turner | September 27, 2018
One need not be a managing partner to know that a firm spends a significant portion of its annual budget on heating, cooling and powering its space.
New York Law Journal | Analysis
By Charlotte A. Biblow | September 26, 2018
State Environmental Regulation columnist Charlotte A. Biblow writes: In recent months, New York state has taken a number of significant steps forward toward the state's previously announced goal of obtaining 50 percent of New York's electricity from renewable sources by 2030. Perhaps the most important of these recent steps is an order, issued and effective on July 12, 2018, in which the New York State Public Service Commission (PSC) established an “Offshore Wind Standard and Framework for Phase I Procurement.”
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