Publication: The New York Environmental Lawyer

Long-Time Member Profile: Aaron Gershonowitz

For this issue, I have the pleasure of featuring our long-time colleague and issue editor, Aaron Gershonowitz. After a long, fascinating, and multifaceted career, Aaron is retiring from the practice of law and putting his skills and experience to grandparenting and teaching young minds about the practice of law. Although Aaron will be missed at … Continued

Facts on the Ground

For the 54th time, as predicted due to steadily rising global temperature, warming seas and an atmosphere loaded with water vapor, record-breaking heat, drought, wildfires, flooding and lethal and destructive storms have ravaged all parts of the globe. Here is but a brief summary. Record heat: In late November, record heat in Asia included: 34C … Continued

EPA Update

This EPA Update covers U.S. Environmental Protection Agency (EPA) activities from approximately October 1, 2023 through February 15, 2024. The article does not 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 … Continued

New Member Profile: Ivonne C. Norman

Since May 2023, EELS members have been receiving a well-crafted one-page newsletter featuring environmental justice (EJ) news and events. The newsletter arrives each month in an email from new EELS member and new Environmental Justice Committee Co-Chair Ivonne C. Norman. Ivonne has been practicing law for more than 12 years, and her paths to the … Continued

Western Watersheds Project v. McCullough, No. 23-15259, 2023 U.S. App. LEXIS 18063 (9th Cir. 2023)

Facts In September 2019 Lithium Nevada submitted plans to the Bureau of Land Management (BLM) seeking approval for a mining and exploration project. Some conservation groups, ranchers, and the Burns Paiute Tribe (collectively, “plaintiffs”) opposed the plans.1 BLM began the National Environmental Policy Act (NEPA) process, announcing it would begin preparing an environmental impact statement … Continued

Unkechaug Indian Nation v. N.Y. State Dep’t of Env’t Conservation, 2023 U.S. Dist. LEXIS 105249

Facts In an effort to protect and conserve the declining population of glass eels, the Atlantic States Marine Fisheries Commission (ASMFC or the “commission”) implemented Fishery Management Plans (FMPs), during the 1990s, where states that were members of the ASMFC were to establish and implement regulations designed to protect the glass eel population.1 The 2012 and … Continued

Town of Copake v. New York State Off. of Renewable Energy Siting, No. 534318, 2023 WL 3510875 (N.Y. App. Div. May 18, 2023)

Facts In 2019, the New York Climate Leadership and Community Protection Act (CLCPA) amended the Environmental Conservation Law, Public Service Law, Public Authorities Law, Labor Law and the Community Risk and Resiliency Act to address risks of climate change.1 Executive Law § 94-c was enacted under the Accelerated Renewable Energy Growth and Community Benefit Act, which … Continued