I. Introduction With the passage of the Renewable Rikers Act (the act) by the New York City (NYC or the city) Council in February 2021,1 Rikers Island, the penal colony with a horrific legacy of environmental injustice, inhumane conditions, and a mounting death toll,2 has been given a chance many people incarcerated there have not been afforded: … Continued
Sackett v. EPA, 143 S. Ct. 1322 (2023) Facts The petitioners in this case were Michael and Chantelle Sackett.1 The petitioners purchased property near Priest Lake in Idaho and started to backfill the lot with dirt to build a home. The Environmental Protection Agency (EPA) ordered the Sacketts to restore the site because the backfilling violated the … Continued
Writing this at the midpoint of 2023, the year has been punctuated by stark reminders that climate change is nipping at our heels: Canada’s wildfire smoke darkening our skies, significant flooding across the state and the Northeast, and the hottest day the planet has ever recorded. In the face of these alarming signs, the New … Continued
Introduction The New York attorney general’s Environmental Protection Bureau (EPB or the bureau) is located within the attorney general’s Social Justice Division. The bureau represents the state of New York, the Department of Environmental Conservation (DEC), and other state agencies in civil environmental litigation in state and federal courts. On these matters, in state and federal … Continued
For this issue, our New Member spotlight features Cinnamon Piñon Carlarne. Carlarne was recently named the 19th president and dean of Albany Law School. Before moving to New York, she was an associate dean for faculty and intellectual life at The Ohio State University Moritz College of Law. Carlarne has been a dedicated environmental scholar … Continued
Prejudice Over Evidence As a law student passionate about advancing equity, the recent decisions in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina striking down affirmative action spark deep concern for the future of environmental advocacy and the broader legal field. Colleges have never shied away from using factors other than … Continued
This issue includes the essays that won the Professor William R. Ginsberg Memorial Essay Contest. The issue also includes a message from the section chair emphasizing the section’s mission to educate regarding environmental issues and to encourage engagement. The essay contest combines those two roles. It encourages law students to be involved, and the essays … Continued
Yvonne mentions in her chair’s message that she has chosen membership as her primary initiative during her term as EELS chair. She notes that EELS needs more government attorneys, more younger practitioners, and a more diverse membership. She describes an overarching goal of retaining and growing membership by delivering greater value. I hope the pages … Continued
I’d like to thank you all again for the privilege of leading our section this year. Hard to believe that three and a half years ago I was asked to join the section’s cabinet. I remember feeling honored and excited for the next four years. It had not been too long since the section added … Continued
I first met Walter Mugdan in 1978. I had just graduated from law school and was a junior associate at a (sadly now defunct) boutique environmental law firm then called Butzel & Kass (later known as Berle, Kass & Case). Walter was a junior lawyer for EPA, but already three years into what became a … Continued