Issue: 2022 Vol. 42 No. 3

Ctr. for Biological Diversity v. U.S. Fish & Wildlife Serv., No. 21-cv-5706 (LJL), 2022 WL 2805464 (S.D.N.Y. July 18, 2022)

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Facts In April 2010, the Center for Biological Diversity, Waterkeeper Alliance, Inc., Waterkeepers Chesapeake, Inc., Lower Susquehanna Riverkeeper Association, and Middle Susquehanna Riverkeeper Association (collectively, “plaintiffs”) petitioned for the United States Fish and Wildlife (FWS), the FWS Acting Director, and the Secretary of the Interior (collectively, “defendants”) to list the eastern hellbender, an aquatic salamander, … Continued

Danskammer Energy, LLC v. N.Y. State Dep’t of Env’t Conservation, 76 Misc. 3d 196 (2022)

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Facts Plaintiff Danskammer Energy, LLC (“Danskammer”) owns and operates an existing natural gas-fired power energy plant in the town of Newburgh, Orange County.1 Danskammer filed an application in 2019 with defendant New York State Department of Environmental Conservation (DEC) to obtain a Title V air permit to develop and operate an expanded natural gas-fired power plant for … Continued

El Dey v. Bd. of Correction, No. 1:22-CV-2600 (LTS), 2022 WL 2237471 (S.D.N.Y. June 22, 2022)

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Facts Plaintiff, Abdullah Spencer Nimham El Dey (the “plaintiff”), was (and continues to be) a prisoner in North Infirmary Command on Rikers Island.1 While being held, plaintiff alleged he had been exposed to a “covid ridden methane mutated mice bacterial contamination,” which resulted in a variety of health issues, including, “headaches, nausea, stomach cramps, diar[r]hea, nervousness, … Continued

In re Flint Water Cases, 579 F. Supp. 3d 971 (2022)

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Facts Plaintiffs E.S., A.T., R.V., and D.W. are four children who allegedly suffered neurocognitive harms as a result of their exposure to lead-contaminated drinking water in the city of Flint.1 They brought this suit for professional negligence against Veolia North America, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC’s (collectively, VNA) … Continued

In re 61 Crown St., LLC v. New York State Off. of Parks, Recreation & Historic Preserv., 2022 N.Y. App. Div. LEXIS 4248 (2022)

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Facts The appeal concerns the Kingstonian project (“the project”). The project plans to redevelop 2.5 acres of land located in Kingston Stockade Historic District (KSHD), an approximately 32-acre area in the historic uptown neighborhood of the City of Kingston.1 The planned redevelopment includes a parking garage, retail space, apartments, public walking bridge, plaza area, and a … Continued