Merrimack Station (“the plant”) is one of the only remaining coal-burning power plants left in New England.1 It is responsible for consuming half of all coal used in New England.2 The plant’s operations have been the subject of environmental criticism and protests.3 The defendant owners, Granite Shores Power LLC and GSP Merrimack LLC (collectively, the “defendants”), operate … Continued
Silva v. Farrish, 47 F.4th 78 (2d Cir. 2022) Facts The plaintiffs Gerrod Smith, Jonathan Smith and David Silva (collectively, the “plaintiffs”) are members of the Shinnecock Indian Nation, a federally recognized Indian tribe.1 Seeking declaratory and injunctive relief from enforcement of state fishing regulations and monetary damages, the plaintiffs filed a claim against the … Continued
This “Outside the EPA Update” covers U.S. Environmental Protection Agency (EPA) activities from approximately July 1, 2022 through Sept. 15, 2022. 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. Environmental Justice New National Office Dedicated to … Continued
In the fall of 2021—just as New York voters were preparing to vote on the proposed Green Amendment to the New York Constitution—William (“Will”) Kellermeyer started a new position as an associate at Knauf Shaw LLP. Just a few months later, Will would be part of the team representing the plaintiff in the first lawsuit … Continued
Don’t Neglect Biodiversity in Expansion of Outdoor Access During the COVID-19 pandemic, the American public rediscovered the benefits local parks and urban green spaces provide. From pocket parks to nature trails, these spaces provided fresh air and a safe place to recreate with lower risk of infection. In assessing Americans’ revitalized enthusiasm for the outdoors, … Continued
What the CLCPA, the Climate Action Council, and the Draft Scoping Plan Are . . . and Why We Care Introduction This edition of The New York Environmental Lawyer includes technical writings that many prominent environmental lawyers worked on outside the scope of their general practice. Specifically, we are publishing some of the Environmental and Energy Law Section’s (EELS) comments … Continued
A lot will happen between the time we submit this issue of The New York Environmental Lawyer (TNYEL) to the NYSBA publications team in early November and when the issue is published in late December 2022 or early January 2023. Voters will have gone to the polls to choose the governor, attorney general, and state and federal … Continued
For this issue, we have focused our Long-Time Member profile on Miriam Villani, who chaired the environmental practice group at Sahn Ward Braff Koblenz PLLC until her recent semi-retirement and transition to a counsel role. Miriam has been an active member of the Section since 1989 and is a former Section chair. She has chaired … Continued
Long Island has two significant bays and estuaries, Peconic Bay and Great South Bay, that have suffered in recent decades from substantial declining water quality due to algal growth. These bays are in Suffolk County, located on the eastern two-thirds of Long Island, which has experienced enormous population growth since 1960. This has resulted in … Continued
Introduction This edition of “Law School Corner” highlights students and their work at six law schools: St. John’s Law, Albany Law School, Pace-Haub Law, Columbia Law School, NYU Law and Buffalo School of Law. If you know any schools or students who would like to participate, please email [email protected]. Student Highlight Samia Shell “The right to … Continued