Folks who have historically benefited from laws tend to assume that such laws are just. This sense of “justice” results from failing to acknowledge that laws do not benefit everyone equally, or alternatively, that one’s advantage may come at another’s expense. In situations where the advantage is racial and by design—not just the design to … Continued

I am excited to officially join Jay Simpson as co-editor-in-chief of The New York Environmental Lawyer in this issue. I have been a member of the Section for 15 years, and I’m glad and grateful to have this opportunity to contribute to the Section’s work. As Jay said in the last issue, we are grateful to Miriam … Continued

This second edition of the Law School Corner highlights students and their work at six law schools: Albany Law School, Elisabeth Haub School of Law at Pace University, Brooklyn Law School, Benjamin N. Cardozo School of Law, New York University School of Law, Syracuse University College of Law (with cameos by Columbia and Fordham). Thank … Continued

Facts on the Ground In early March, Australia’s eastern coast endured record rainfall, some of the worst flooding in Australian history, which inundated parts of two of its largest cities, Lismore, in the state of New South Wales, and Sydney, killing 20 people. Residents had little time to evacuate so many became trapped in their … Continued

Facts on the Ground Extreme weather is now a fact of life on a scale humanity has never experienced with such ferocity and frequency. The new year continued where 2021 left off. There were three tornado reports in northern Georgia on New Year’s Eve, near Worthville, Magnet and Villa Rica and a tornado struck Newton … Continued

Facts on the Ground California went from one extreme, drought and wildfires, to another, heavy rain, flooding, landslides and wind in the Bay Area and blizzard and heavy snowfall in the Sierra Nevada. Meteorologists spoke of a “bomb cyclone” and an “atmospheric river” to drive home just how unusual this late October storm was. The … Continued

Summary Nitrogen pollution is one of the most pressing environmental problems in the U.S. today, with grave implications for human health and climate change. Agricultural activities release the most nitrogen pollution of any industry in the form of nitrogen oxides, ammonia, and nitrous oxide in the air, and nitrate and ammonium in the water.1 A combination … Continued

This article draws attention to an agency overlooked by the legal community: the U.S. Chemical Safety and Hazard Investigation Board (CSB), which investigates industrial chemical accidents and provides recommendations to reduce the risk of future accidents. The CSB was harmed by an internal scandal in 2014 and the Trump administration more recently, but the CSB … Continued

This edition of DEC Update highlights some New York State Department of Environmental Conservation (DEC) programs in the areas of recycling, product stewardship, and the reduction of expanded polystyrene (EPS) foam. DEC recently promulgated, or will soon finalize, rules in the areas of food donation and food scraps recycling, electronic waste recycling, and (EPS) foam … Continued