Publication: The New York Environmental Lawyer

In re Methyl Tertiary Butyl Ether (MTBE) Prods. Liab. Litig., No. 1:00-1898 MDL 1358, 2022 U.S. Dist. LEXIS 133759 (S.D.N.Y. July 27, 2022)

Facts This action arose from allegations that defendants, Exxon Mobil Corp. and ExxonMobil Oil Corp. (collectively, “Exxon”), had caused methyl tertiary butyl ether (MBTE) to contaminate several groundwater sites in New Jersey. MBTE is a gasoline additive that breaks down in water.1 The plaintiff state, New Jersey, alleged that Exxon had contaminated or threatened to contaminate … Continued

South St. Seaport Coalition, Inc. v. City of New York, 2022 N.Y. Misc. LEXIS 3998

Facts Petitioners, South St. Seaport Coalition, sought to prevent 250 Seaport District, LLC (250SD), South Street Seaport Limited Partnership (SSSLP), and Howard Hughes Corporation (HHC; collectively, the “developer”) from erecting a 324-foot-tall building (the “building”) on a plot located in the South Street Seaport Historic District.1 Despite both the New York City Planning Commission (CPC) and … Continued

Tulelake Irrigation Dist. v. U.S. Fish & Wildlife Serv., 40 F.4th 930 (9th Cir. 2022)

Facts In January 2017, the United States Fish and Wildlife Service (the “service”) adopted an Environmental Impact Statement and a Comprehensive Conservation Plan (EIS and CCP) for five wildlife refuges in the Klamath Basin National Wildlife Refuge Complex (the “Complex”).1 The Complex covers approximately 200,000 acres in southern Oregon and northern California.2 The EIS and CCP restricts … Continued

Ctr. for Biological Diversity v. U.S. Fish & Wildlife Serv., No. 21-cv-5706 (LJL), 2022 WL 2805464 (S.D.N.Y. July 18, 2022)

Facts In April 2010, the Center for Biological Diversity, Waterkeeper Alliance, Inc., Waterkeepers Chesapeake, Inc., Lower Susquehanna Riverkeeper Association, and Middle Susquehanna Riverkeeper Association (collectively, “plaintiffs”) petitioned for the United States Fish and Wildlife (FWS), the FWS Acting Director, and the Secretary of the Interior (collectively, “defendants”) to list the eastern hellbender, an aquatic salamander, … Continued

Danskammer Energy, LLC v. N.Y. State Dep’t of Env’t Conservation, 76 Misc. 3d 196 (2022)

Facts Plaintiff Danskammer Energy, LLC (“Danskammer”) owns and operates an existing natural gas-fired power energy plant in the town of Newburgh, Orange County.1 Danskammer filed an application in 2019 with defendant New York State Department of Environmental Conservation (DEC) to obtain a Title V air permit to develop and operate an expanded natural gas-fired power plant for … Continued

El Dey v. Bd. of Correction, No. 1:22-CV-2600 (LTS), 2022 WL 2237471 (S.D.N.Y. June 22, 2022)

Facts Plaintiff, Abdullah Spencer Nimham El Dey (the “plaintiff”), was (and continues to be) a prisoner in North Infirmary Command on Rikers Island.1 While being held, plaintiff alleged he had been exposed to a “covid ridden methane mutated mice bacterial contamination,” which resulted in a variety of health issues, including, “headaches, nausea, stomach cramps, diar[r]hea, nervousness, … Continued

In re Flint Water Cases, 579 F. Supp. 3d 971 (2022)

Facts Plaintiffs E.S., A.T., R.V., and D.W. are four children who allegedly suffered neurocognitive harms as a result of their exposure to lead-contaminated drinking water in the city of Flint.1 They brought this suit for professional negligence against Veolia North America, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC’s (collectively, VNA) … Continued