Facts Exxon Mobil Corp. and several other energy companies appealed to the United States Court of Appeals for the District of Columbia from a federal district court’s order determining it lacked jurisdiction for a state-law claim and remanding to the Superior Court of the District of Columbia.1 Defendants included Exxon Mobil Corp., Shell PLC, BP PLC, … Continued

Facts This case involves the U.S. military’s water usage and conservation of at-risk wildlife. Fort Huachuca (the Fort) is a major U.S. Army garrison located in the Upper San Pedro River Basin of southeast Arizona.1 The Fort pumps groundwater from the basin, an area home to wildlife species currently—or under consideration to be—protected by the Endangered … Continued

Facts Cobleskill Stone Products, Inc. (Cobleskill Stone) is the owner of a quarry in the Town of Schoharie; it has operated the quarry since the 1890s.1 In 1975, the Town of Schoharie zoned the area including the quarry, “allowing . . . mining upon receipt of a special use permit.”2 As a prior nonconforming use, the quarry … Continued

Cedar St. Comm. v. Bd. of Educ. of the E. Hampton Union Free Sch. Dist., 223 A.D.3d 738, 203 N.Y.S.3d 380 (2d Dep’t 2024) Facts The Board of Education of the East Hampton Union Free School District (the Board of Education) proposed construction of a new school bus maintenance depot (the project).1 The petitioners owned … Continued

We have turned the page on the calendar, and as many of us look forward toward spring, we are equally unnerved by the lack of “winter weather” as we have known it in years past. It has been uncharacteristically warm and gray, with very little snow. Alarmingly, 2023 was determined to be the warmest year, … Continued

On December 21, 2023, the New York State Department of Financial Services (DFS) published final guidance regarding financial institutions’ assessment and management of material climate-related financial and operational risks (Guidance).1 More sweeping than the federal banking agency principles on climate-related risk management, which apply only to financial institutions with over $100 billion in consolidated assets,2 the DFS … 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. EPB undertakes investigations and litigation concerning threats … Continued

Lawyering in the Name of Future and Past Injustices Our reality as students of the law necessitates an acknowledgment about our history and humanity. At the convergence of civil rights, environmental protection, and global human rights, we are confronted with pressing challenges against the backdrop of evolving sociopolitical landscapes and environmental crises. When we examine … Continued

In 2022, a survey conducted by the Office of the New York State Comptroller about climate adaptation spending received responses from 95 local governments.1 The municipalities indicated that over half of their projected $1.34 billion expenditure on infrastructure upgrades and repairs over the next five years—including upgrades and repairs to roads, bridges, and wastewater treatment facilities—aims … Continued

Although I have been a member of the section for decades, this past year as chair has been nothing short of special. I still cannot believe that it is almost over. A huge thank you for trusting me this past year to lead the section. While it has been busy, it has been incredibly rewarding, … Continued