Publication: The New York Environmental Lawyer

EPA Update

This EPA Update covers U.S. Environmental Protection Agency (EPA) activities from approximately February 15, 2024 through July 1, 2024. 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

The Environmental Legacy of the Gaslight Era

For thousands of years humans could not do much better than candlelight for illumination. Vegetable oils, animal oils, beeswax – all were used; and while some substances did burn brighter than others, their “candle power” was not significantly different. Until 1792. That was when William Murdoch – an employee of James Watt of steam engine … Continued

DEC Dispatch – When It Rains . . .

This edition of DEC Dispatch highlights the culmination of years of work by the New York State Department of Environmental Conservation (NYSDEC) to issue an updated State Pollutant Discharge Elimination System (SPDES) general permit for discharges from municipal separate storm sewer systems (MS4).1 Federal and state litigation, changes in applicable federal regulations, and significant stakeholder input all played … Continued

Community Composting in Public Parks

In this issue we publish a letter sent by the Environmental Law Committee of the New York City Bar Association in May 2024 to Governor Kathy Hochul and New York City Mayor Eric Adams, as well as the New York State and New York City Parks Commissioners, to urge the State and City to revisit their … Continued

Global Climate Change Blog Facts on the Ground

On March 5, 2024, European Union’s climate monitoring organization, Copernicus Climate Change Service issued its finding that the world experienced the warmest February on record. It was 1.77C above the average February temperature in the preindustrial era from 1850-1900. It was also the ninth consecutive month of record temperatures. Taken together, the past 12 months … Continued

Taking Stock: The Increasing Reliance Upon the Role of Markets To Address Climate Change and Encourage Environmental Sustainability – EELS Annual Legislative Forum

The Annual Legislative Forum and Luncheon of the Environmental and Energy Law Section of the New York State Bar Association was held in person and virtually on May 8, 2024, in Albany, New York. The event was entitled Encouraging Environmental Sustainability and Managing Climate Risk: The Increasing Role of Markets in Meeting the Climate Change Challenge. … Continued

Warren v. Planning Board of Town of West Seneca, 208 N.Y.S.3d 412 (4th Dep’t 2024)

Facts Petitioner appealed a declaratory judgment entered by the Supreme Court of Erie County dismissing petitioner’s motion. They raised two issues on appeal, the first being that the Supreme Court unfairly dismissed their action,1 the second being that the Supreme Court did not accurately or fully consider all of the relevant facts and records.2 The petitioner brought about … Continued

Lake George Ass’n v. NYS Adirondack Park Agency, 228 A.D.3d 52, 211 N.Y.S.3d 534 (3d Dep’t 2024)

Facts Since the discovery of Eurasian Watermilfoil (EWM) in Lake George in the 1980s, extensive measures have taken place to remove the plant and mitigate the negative effects that the invasive species has on recreational use of the waterbody, water quality, and native flora and fauna.1 Because of the robust characteristics of EWM’s ability to regrow … Continued