What the CLCPA, the Climate Action Council, and the Draft Scoping Plan Are . . . and Why We Care Introduction This edition of The New York Environmental Lawyer includes technical writings that many prominent environmental lawyers worked on outside the scope of their general practice. Specifically, we are publishing some of the Environmental and Energy Law Section’s (EELS) comments … Continued

A lot will happen between the time we submit this issue of The New York Environmental Lawyer (TNYEL) to the NYSBA publications team in early November and when the issue is published in late December 2022 or early January 2023. Voters will have gone to the polls to choose the governor, attorney general, and state and federal … Continued

For this issue, we have focused our Long-Time Member profile on Miriam Villani, who chaired the environmental practice group at Sahn Ward Braff Koblenz PLLC until her recent semi-retirement and transition to a counsel role. Miriam has been an active member of the Section since 1989 and is a former Section chair. She has chaired … Continued

Long Island has two significant bays and estuaries, Peconic Bay and Great South Bay, that have suffered in recent decades from substantial declining water quality due to algal growth. These bays are in Suffolk County, located on the eastern two-thirds of Long Island, which has experienced enormous population growth since 1960. This has resulted in … Continued

Introduction This edition of “Law School Corner” highlights students and their work at six law schools: St. John’s Law, Albany Law School, Pace-Haub Law, Columbia Law School, NYU Law and Buffalo School of Law. If you know any schools or students who would like to participate, please email gmickel@law.pace.edu. Student Highlight Samia Shell “The right to … Continued

FACTS ON THE GROUND Floods, extreme heat and wildfires continue worldwide. In the U.S., on Aug. 21, more than 100,000 people in the U.S. were under flash flood watches. National parks in southern Utah remained under elevated risk of flash flooding and at least one hiker was missing in Zion National Park after being swept … Continued

The fall conference was held on Oct. 19 by the Environmental and Energy Law Section. The focus of the program was New York State’s substantial progress toward a renewable energy future and the significant programs being implemented under the Climate Leadership and Community Protection Act. Several state government representatives provided insightful presentations on the implementation … Continued

Introduction On June 29, 2022, the Environmental and Energy Law Section (the “Section”) of the New York State Bar Association submitted 78 pages of comments on the draft scoping document released for public comment by the Climate Action Council (CAC) under the Climate Leadership and Community Protection Act (CLCPA) (the “Draft Scoping Plan” or DSP).1 The … Continued

On April 9, 2022, Governor Kathy Hochul signed into law landmark amendments to the New York State Freshwater Wetlands Act (Act)1 as part of the state’s fiscal year 2022–2023 budget bill. It has been more than 40 years since the passage of the Act, which is codified in Article 24 of the New York State Environmental … Continued

Podcasts! The New EELS Initiative The Environmental and Energy Law Section (EELS) is developing a podcast, which is a new initiative. The podcast will be led by a new podcast committee with members acting as hosts of the podcast. We anticipate addressing a range of environmental issues with various guests. Topics could include cutting-edge issues … Continued