Publication: The New York Environmental Lawyer

Global Climate Change Blog

#52 Posted June 11, 2023 Facts on the Ground On June 7, the smoke from the wildfires in Eastern Canada rendered the air over New York City “hazardous” to breathe. It was the worst air quality in the world among major cities, worse than in Delhi, the infamous pollution capital where average life spans are … Continued

Professor William R. Ginsberg Memorial Essay Contest 2022 Winners

We are pleased in this issue to feature the first-place winners of the 2022 Professor William R. Ginsberg Memorial Essay Contest. In this 35th holding of the annual competition, two essays tied for first place. In addition to the first-place essays featured here, the committee awarded a second-place prize to MacKenzie Thurman (Columbia Law School, … Continued

EPA Update

This EPA Update covers U.S. Environmental Protection Agency (EPA) activities from approximately February 15, 2023 through July 1, 2023. The article doesn’t cover every single action taken by EPA during this time but attempts to summarize the highlights with a focus on EPA activities affecting New York. The EPA Update should be read cafeteria style: … Continued

Environmental Responsibility in New York’s Craft Brewing Industry

Many of the state’s craft brewers review business plans, consult with industry professionals, and implement sustainable practices in order to operate socially conscious businesses. Their growing focus is more than just profit margins; instead, breweries identify ways to conserve water, reduce waste, compost by-products and support clean energy initiatives. These breweries understand that helping to … Continued

45Q: Toward a Stronger Federal Carbon Capture Tax Credit

Abstract This article explores how 45Q in the U.S tax code incentivized carbon capture, utilization, and storage (CCS, or CCUS) before President Biden signed the 2022 Inflation Reduction Act (IRA) into law. That legislation increased dollar values, added direct pay, and otherwise enhanced 45Q. The article first explains CCS mechanics, then explores 45Q’s history. Next, … Continued

Recent Decision in Environmental Law

Sackett v. EPA, 143 S. Ct. 1322 (2023) Facts The petitioners in this case were Michael and Chantelle Sackett.1 The petitioners purchased property near Priest Lake in Idaho and started to backfill the lot with dirt to build a home. The Environmental Protection Agency (EPA) ordered the Sacketts to restore the site because the backfilling violated the … Continued

NYSERDA Update

Writing this at the midpoint of 2023, the year has been punctuated by stark reminders that climate change is nipping at our heels: Canada’s wildfire smoke darkening our skies, significant flooding across the state and the Northeast, and the hottest day the planet has ever recorded. In the face of these alarming signs, the New … Continued

New York State Attorney General Environmental Protection Bureau Update

Introduction The New York attorney general’s Environmental Protection Bureau (EPB or the bureau) is located within the attorney general’s Social Justice Division. The bureau represents the state of New York, the Department of Environmental Conservation (DEC), and other state agencies in civil environmental litigation in state and federal courts. On these matters, in state and federal … Continued

New Member Profile: Cinnamon Piñon Carlarne

For this issue, our New Member spotlight features Cinnamon Piñon Carlarne. Carlarne was recently named the 19th president and dean of Albany Law School. Before moving to New York, she was an associate dean for faculty and intellectual life at The Ohio State University Moritz College of Law. Carlarne has been a dedicated environmental scholar … Continued