Since May 2023, EELS members have been receiving a well-crafted one-page newsletter featuring environmental justice (EJ) news and events. The newsletter arrives each month in an email from new EELS member and new Environmental Justice Committee Co-Chair Ivonne C. Norman. Ivonne has been practicing law for more than 12 years, and her paths to the … Continued
Facts In September 2019 Lithium Nevada submitted plans to the Bureau of Land Management (BLM) seeking approval for a mining and exploration project. Some conservation groups, ranchers, and the Burns Paiute Tribe (collectively, “plaintiffs”) opposed the plans.1 BLM began the National Environmental Policy Act (NEPA) process, announcing it would begin preparing an environmental impact statement … Continued
Facts In an effort to protect and conserve the declining population of glass eels, the Atlantic States Marine Fisheries Commission (ASMFC or the “commission”) implemented Fishery Management Plans (FMPs), during the 1990s, where states that were members of the ASMFC were to establish and implement regulations designed to protect the glass eel population.1 The 2012 and … Continued
Facts In 2019, the New York Climate Leadership and Community Protection Act (CLCPA) amended the Environmental Conservation Law, Public Service Law, Public Authorities Law, Labor Law and the Community Risk and Resiliency Act to address risks of climate change.1 Executive Law § 94-c was enacted under the Accelerated Renewable Energy Growth and Community Benefit Act, which … Continued
Facts The petitioners, who owned residential property in the Town of Red Hook, N.Y. challenged a determination made by the town’s zoning enforcement officer that a proposed sewage disposal system was a permitted nonresidential accessory use that could be located on a lot with split zoning. They filed a petition under CPLR article 78 and … Continued
Facts On February 8, 2022, the village of Sag Harbor Board of Trustees (“village board”) introduced two affordable housing local laws, thereby creating a special permit to allow high-density housing in business and office districts of the Village of Sag Harbor (the “village”) and expanding the definition of apartment building to include three-story mixed-use buildings.1 … Continued
Facts When significant rainfall occurs in New York City, it results in “combined sewer overflow” (CSO) events.1 CSO events negatively impact those who live near or recreate on the affected waters, including exposure to “bacteria and other pathogens resulting from sewage contaminants in the water.”2 As a result, the Sewage Pollution Right to Know Act (SPRTKA) requires … Continued
Facts In 2009, the U.S. Bureau of Ocean Energy Management (BOEM) began to evaluate the potential development of wind energy off Massachusetts’ shore in the Outer Continental Shelf.1 BOEM was granted the authority to do so under the Outer Continental Shelf Lands Act (OCSLA).2 BOEM’s initial Request for Interest (RFI) regarding wind energy development was published in … Continued
Facts This case was an appeal based on the lower court decisions of the following original claims as described. In response to the proposed development of low-income senior housing on a parcel of green open space land owned by the City of New York (“city”) and leased on a month-to-month basis by Elizabeth St. Garden, … Continued
Facts In response to a claim for declaratory judgment brought by plaintiffs—arguing that housing development projects impinge on their recently established Green Amendment rights to “clean air and water, and a healthful environment”—defendants filed motions to dismiss on various grounds.1 Plaintiffs included New York City Councilmember Christopher Marte, the lead plaintiff, and 10 residents of Two … Continued