Introduction “Property rights serve human values.”1 While that maxim continues to hold water, the issue of which human values should be served in a future impacted by climate change is less clear. The path may be relatively self-evident when the competing values are between the right of a landowner to exclude social workers and the rights … Continued

Facts on the Ground Storm Arwen, a pre-winter, late November, snow-storm killed at least 3 people in the UK (from fallen tress), knocked out power and stranded travelers as 3’ of snow closed roads for days in North Yorkshire, more than 200 miles northwest of London. The prior week, Vancouver experienced heavy rains and flooding … Continued

Was it good to be back in person for one conference! For those who could make it in person, the 2021 Fall Conference held at the Cornell University Statler Hotel in Ithaca New York was a real treat. The hotel is a training hotel for students at the university’s Hospitality Management Program. This keeps the … Continued

The Section’s Annual Meeting was held on January 25, 2022 and addressed the cutting-edge environmental and energy issues in New York State. The renewable energy initiatives in the state that are leading the nation to a low carbon future were addressed. The details on offshore wind, solar and battery storage were discussed. As required by … Continued

Our featured attorney for this issue is Justin Birzon, a member and former issue editor of this publication for more than 10 years. Justin is a vice president at the government relations and lobbying firm Albany Strategic Advisors (ASA), where he focuses on energy, environment, technology, and economic development issues. Prior to joining ASA, Justin … Continued

Since 1992, the Environmental & Energy Law Section has sponsored a summer fellowship program designed to encourage law students from underrepresented groups to enter the field of environmental law. Underrepresented group members are persons who are African American, Latinx, Native American, Alaskan native, Asian, Pacific Islander, and LGBTQ+. First-, second-, and third-year (evening only) law … Continued

The U.S. is currently experiencing the early effects of climate change.1 The West is battling record wildfire seasons, the Southeast is bracing itself against increasingly stronger storms, and the coasts are learning to live with sea level rise.2 It is evident that bold action is urgently needed to set the nation on a decarbonization track to avoid … Continued

Facts During August 1988, the predecessors of property owner, PSC LLC (“petitioner”), entered into a lease agreement for 10 of their properties “for parking and other lawful purposes.”1 The lease was later transferred to respondent, Liberty Square Development, LLC; a subsidiary of Capitalize Albany Corporation (“Capitalize Albany”).2 Capitalize Albany is a municipal corporation that works to … Continued

The Town of Guilderland (the “town”), the Zoning Board of Appeals of the Town of Guilderland (“Zoning Board”), The Planning Board of the Town of Guilderland (the “Planning Board”), Rapp Road Development, LLC (RRD), Pyramid Management Group, LLC (“Pyramid”), and Crossgates Releaseco, LLC (“Releaseco”) appealed a trial court judgement in favor of the petitioners, a … Continued

Introduction and Legal Background Oregon has, since 1909, been increasingly influenced by the Prior Appropriation Doctrine.1 Under this doctrine property owners who are the first to put water to beneficial use obtain thereby water rights.2 Since 1909 water right holders have had to put their rights to some form of “beneficial use” without halt for longer than … Continued