At the close of 2022 and beginning of 2023,1 Gov. Kathy Hochul signed into law two sets of important amendments to the State Environmental Quality Review Act (SEQR)2 and the Uniform Procedures Act (UPA).3 Together these amendments will require state and local agencies to incorporate consideration of environmental justice into their approval processes through SEQR, and for DEC … Continued

On Election Day in 2021, New York’s voters added Section 19 to the state’s constitutional Bill of Rights. They reaffirmed a human birthright to clean air, clean water and a healthful environment. New York’s constitutional Bill of Rights now guarantees the liberty that “Each person shall have a right to clean air and water, and … Continued

As many articles in this issue note, in November 2021 New York voters chose to amend the New York Constitution. This was not just an amendment for a procedural issue, but an addition to the Bill of Rights—the amendment enshrines the liberty that “Each person shall have a right to clean air and water, and … Continued

The recent events in East Palestine, Ohio involving a train crash and the release of toxic chemicals publicly illustrates the slow and inadequate response of the federal and state environmental agencies to address public concerns regarding possible exposure to toxic chemicals in the air, surface water, and groundwater. Apparently, the fire was allowed to burn, … Continued

In November 2021, New Yorkers voted overwhelmingly to amend Article I of the State Constitution—the Bill of Rights.1 The newly added Article I, § 19 is very short—just one sentence. In its entirety, the amendment reads: “Each person shall have a right to clean air and water, and a healthful environment.”2 This language, commonly called “the Green Amendment,” is both … Continued

Merrimack Station (“the plant”) is one of the only remaining coal-burning power plants left in New England.1 It is responsible for consuming half of all coal used in New England.2 The plant’s operations have been the subject of environmental criticism and protests.3 The defendant owners, Granite Shores Power LLC and GSP Merrimack LLC (collectively, the “defendants”), operate … Continued

Silva v. Farrish, 47 F.4th 78 (2d Cir. 2022) Facts The plaintiffs Gerrod Smith, Jonathan Smith and David Silva (collectively, the “plaintiffs”) are members of the Shinnecock Indian Nation, a federally recognized Indian tribe.1 Seeking declaratory and injunctive relief from enforcement of state fishing regulations and monetary damages, the plaintiffs filed a claim against the … Continued

This “Outside the EPA Update” covers U.S. Environmental Protection Agency (EPA) activities from approximately July 1, 2022 through Sept. 15, 2022. The article does not 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. Environmental Justice New National Office Dedicated to … Continued

In the fall of 2021—just as New York voters were preparing to vote on the proposed Green Amendment to the New York Constitution—William (“Will”) Kellermeyer started a new position as an associate at Knauf Shaw LLP. Just a few months later, Will would be part of the team representing the plaintiff in the first lawsuit … Continued

Don’t Neglect Biodiversity in Expansion of Outdoor Access During the COVID-19 pandemic, the American public rediscovered the benefits local parks and urban green spaces provide. From pocket parks to nature trails, these spaces provided fresh air and a safe place to recreate with lower risk of infection. In assessing Americans’ revitalized enthusiasm for the outdoors, … Continued