FACTS ON THE GROUND Floods, extreme heat and wildfires continue worldwide. In the U.S., on Aug. 21, more than 100,000 people in the U.S. were under flash flood watches. National parks in southern Utah remained under elevated risk of flash flooding and at least one hiker was missing in Zion National Park after being swept … Continued

The fall conference was held on Oct. 19 by the Environmental and Energy Law Section. The focus of the program was New York State’s substantial progress toward a renewable energy future and the significant programs being implemented under the Climate Leadership and Community Protection Act. Several state government representatives provided insightful presentations on the implementation … Continued

Introduction On June 29, 2022, the Environmental and Energy Law Section (the “Section”) of the New York State Bar Association submitted 78 pages of comments on the draft scoping document released for public comment by the Climate Action Council (CAC) under the Climate Leadership and Community Protection Act (CLCPA) (the “Draft Scoping Plan” or DSP).1 The … Continued

On April 9, 2022, Governor Kathy Hochul signed into law landmark amendments to the New York State Freshwater Wetlands Act (Act)1 as part of the state’s fiscal year 2022–2023 budget bill. It has been more than 40 years since the passage of the Act, which is codified in Article 24 of the New York State Environmental … Continued

Podcasts! The New EELS Initiative The Environmental and Energy Law Section (EELS) is developing a podcast, which is a new initiative. The podcast will be led by a new podcast committee with members acting as hosts of the podcast. We anticipate addressing a range of environmental issues with various guests. Topics could include cutting-edge issues … Continued

Catherine Louie This past summer, with the support of the NYSBA Environmental and Energy Law Section’s Diversity and Inclusion Fellowship, I worked for the New York State Department of Environmental Conservation (DEC), in Region 2’s Office of General Counsel. I am very interested in an environmental law career in the public sector, particularly in New … Continued

Facts This action arose from allegations that defendants, Exxon Mobil Corp. and ExxonMobil Oil Corp. (collectively, “Exxon”), had caused methyl tertiary butyl ether (MBTE) to contaminate several groundwater sites in New Jersey. MBTE is a gasoline additive that breaks down in water.1 The plaintiff state, New Jersey, alleged that Exxon had contaminated or threatened to contaminate … Continued

Facts Executive Order 14008 (“the EO”) was signed by President Biden on Jan. 27, 2021.1 The EO included Section 208, in part stating, “[t]o the extent consistent with applicable law, the Secretary of the Interior shall pause new oil and natural gas leases on public lands or in offshore waters pending completion of a comprehensive review and … Continued

Facts Petitioners, South St. Seaport Coalition, sought to prevent 250 Seaport District, LLC (250SD), South Street Seaport Limited Partnership (SSSLP), and Howard Hughes Corporation (HHC; collectively, the “developer”) from erecting a 324-foot-tall building (the “building”) on a plot located in the South Street Seaport Historic District.1 Despite both the New York City Planning Commission (CPC) and … Continued

Facts In January 2017, the United States Fish and Wildlife Service (the “service”) adopted an Environmental Impact Statement and a Comprehensive Conservation Plan (EIS and CCP) for five wildlife refuges in the Klamath Basin National Wildlife Refuge Complex (the “Complex”).1 The Complex covers approximately 200,000 acres in southern Oregon and northern California.2 The EIS and CCP restricts … Continued