Facts On February 8, 2022, the village of Sag Harbor Board of Trustees (“village board”) introduced two affordable housing local laws, thereby creating a special permit to allow high-density housing in business and office districts of the Village of Sag Harbor (the “village”) and expanding the definition of apartment building to include three-story mixed-use buildings.1 … Continued
Facts When significant rainfall occurs in New York City, it results in “combined sewer overflow” (CSO) events.1 CSO events negatively impact those who live near or recreate on the affected waters, including exposure to “bacteria and other pathogens resulting from sewage contaminants in the water.”2 As a result, the Sewage Pollution Right to Know Act (SPRTKA) requires … Continued
Facts In 2009, the U.S. Bureau of Ocean Energy Management (BOEM) began to evaluate the potential development of wind energy off Massachusetts’ shore in the Outer Continental Shelf.1 BOEM was granted the authority to do so under the Outer Continental Shelf Lands Act (OCSLA).2 BOEM’s initial Request for Interest (RFI) regarding wind energy development was published in … Continued
Facts This case was an appeal based on the lower court decisions of the following original claims as described. In response to the proposed development of low-income senior housing on a parcel of green open space land owned by the City of New York (“city”) and leased on a month-to-month basis by Elizabeth St. Garden, … Continued
Facts In response to a claim for declaratory judgment brought by plaintiffs—arguing that housing development projects impinge on their recently established Green Amendment rights to “clean air and water, and a healthful environment”—defendants filed motions to dismiss on various grounds.1 Plaintiffs included New York City Councilmember Christopher Marte, the lead plaintiff, and 10 residents of Two … Continued
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