Publication: The New York Environmental Lawyer

Recent Decisions in Environmental Law

Cedar St. Comm. v. Bd. of Educ. of the E. Hampton Union Free Sch. Dist., 223 A.D.3d 738, 203 N.Y.S.3d 380 (2d Dep’t 2024) Facts The Board of Education of the East Hampton Union Free School District (the Board of Education) proposed construction of a new school bus maintenance depot (the project).1 The petitioners owned … Continued

NYSERDA Update

We have turned the page on the calendar, and as many of us look forward toward spring, we are equally unnerved by the lack of “winter weather” as we have known it in years past. It has been uncharacteristically warm and gray, with very little snow. Alarmingly, 2023 was determined to be the warmest year, … Continued

New York State Department of Financial Services Issues Final Guidance on Climate-Related Risk Management

On December 21, 2023, the New York State Department of Financial Services (DFS) published final guidance regarding financial institutions’ assessment and management of material climate-related financial and operational risks (Guidance).1 More sweeping than the federal banking agency principles on climate-related risk management, which apply only to financial institutions with over $100 billion in consolidated assets,2 the DFS … Continued

New York State Attorney General Environmental Protection Bureau Update

Introduction The New York Attorney General’s Environmental Protection Bureau (EPB or the bureau) is located within the Attorney General’s Social Justice Division. The bureau represents the State of New York, the Department of Environmental Conservation (DEC), and other state agencies in civil environmental litigation in state and federal courts. EPB undertakes investigations and litigation concerning threats … Continued

Message From the Student Editorial Board

Lawyering in the Name of Future and Past Injustices Our reality as students of the law necessitates an acknowledgment about our history and humanity. At the convergence of civil rights, environmental protection, and global human rights, we are confronted with pressing challenges against the backdrop of evolving sociopolitical landscapes and environmental crises. When we examine … Continued

Message From the Issue Editor: It’s Time for a Climate Superfund Act in New York State

In 2022, a survey conducted by the Office of the New York State Comptroller about climate adaptation spending received responses from 95 local governments.1 The municipalities indicated that over half of their projected $1.34 billion expenditure on infrastructure upgrades and repairs over the next five years—including upgrades and repairs to roads, bridges, and wastewater treatment facilities—aims … Continued

Message From the Chair

Although I have been a member of the section for decades, this past year as chair has been nothing short of special. I still cannot believe that it is almost over. A huge thank you for trusting me this past year to lead the section. While it has been busy, it has been incredibly rewarding, … Continued

Message From the Co-Editor-in-Chief

Welcome to Gabriella Guarracino, the newest issue editor at The New York Environmental Lawyer. Gabriella recently took the bar exam and is the Environmental Law Program Fellow at the Elisabeth Haub School of Law at Pace University. She was an editor/curator of the inaugural editions of TNYEL’s Law School Corner from 2021 to 2023, and we are … Continued

Law School Corner

Introduction This edition of the Law Student Corner highlights students and their work at six law schools: Albany Law School, Cardozo Law School, CUNY, NYU Law, St. John’s Law School, and Pace | Haub Law. If you know any schools or students who would like to participate, please email sblend@law.pace.edu. Student Highlight Madeline Schwartz is … Continued