Facts The Mahoneys and the Solomons (the “plaintiffs”), two married couples, brought an action to halt construction of a wind farm and export cable project planned adjacent to their properties in the Wainscott hamlet of East Hampton, New York. The South Fork Wind Farm, 35 miles East of Montauk Point, and South Fork Export Cable Project … Continued
Facts On appeal, the Appellate Division, Third Department reviewed whether the trial court properly dismissed Thomas Jorling’s (“appellant”) application for a combined proceeding pursuant to N.Y. Civil Practice Law and Rules (CPLR) article 78 and action for declaratory judgment.1 In the original application, the appellant alleged that appellee Adirondack Park Agency (APA) improperly granted a shoreline … Continued
Facts In March 2020, 16 youths in Montana (“plaintiffs”) filed a complaint seeking declaratory and injunctive relief against the State of Montana and state officials (“defendants”) on the basis that Montana’s fossil fuel-based state energy system causes climate change and thus violates the plaintiffs’ constitutional rights and the public trust doctrine.1 More narrowly, the plaintiffs challenged … Continued
Facts Ever since Congress established the National Park Service (NPS) in 1872, there has been a tension between preserving nature and giving access to Americans.1 In 2004, the NPS adopted a comprehensive plan for fire management in Yosemite National Park (“Yosemite”).2 The NPS’s 2004 Yosemite comprehensive plan articulated two goals: (1) “to reduce the threat of … Continued
Arizona v. Navajo Nation, No. 21-1484, 2023 WL 4110231 (U.S. June 22, 2023) Facts The Navajo Reservation, home to the Navajo Tribe (the “Navajo”), is located in the Colorado River Basin and bordered by three rivers. The Navajos face water scarcity as the U.S. Southwest endures an unprecedented aridness that is forecasted to increase in … Continued
This classic article from long-time EELS member Louis A. Alexander ran in 1999 – Vol. 19 No. 4, for those keeping score at home. The article speaks for itself. However, the editors’ note there are some omissions and notable movies released since then. Where does “Chinatown” fit in this, particularly considering current water resource issues out … Continued
We’re All Climate Lawyers Now Inspired by Justice Elena Kagan’s popular quip about textualism, celebrated climate law scholar Pat Parenteau advised an American Bar Association audience on their ethical responsibility to act, declaring, “we’re all climate lawyers now.”1 Current law students and young lawyers are apt to agree: 60% of Gen Zs and Millennials are anxious … Continued
An Overview of the Public Service Commission’s Recent Decision to Deny Renewable Energy Developers’ Petitions for Cost Adjustments Introduction New York has codified ambitious climate goals and sets policies to incentivize renewable energy development.1 According to a report by New York State Comptroller Thomas DiNapoli, approximately 29% of New York’s energy came from renewable sources … Continued
Welcome to our third issue of Volume 43 of The New York Environmental Lawyer. Our team has tried, so far successfully, to produce three issues annually. Congratulations and a deep appreciation are in order for our issue editors, the Albany Law School editors, all of our contributors, our partners at the NYSBA, and of course … Continued
It has been a busy but incredible first few months as chair. The cabinet has been actively focused on the day-to-day work of the section and implementing our goals for the year. We wrapped up a successful fall meeting and are now looking forward to our Annual Meeting. I am also pleased to report that … Continued