Issue: 2024 Vol. 44 No. 2

Friends of the Shawangunks v. Town of Gardiner Planning Board, 224 A.D.3d 961, 205 N.Y.S.3d 513 (3d Dep’t 2024)

Facts Following the Town of Gardiner Planning Board approving John Alexander’s request for subdivision of his 108-acres, as well as a special use permit, the Friends of Shawangunks filed in Supreme Court in Ulster County for a review of the determination of the town board approving Mr. Alexander’s request.1 Mr. Alexander owned approximately 108-acres that … Continued

Clean Air Coal. of W. N.Y., Inc. v. N.Y. State Pub. Serv. Comm’n, 226 A.D.3d 108, 207 N.Y.S.3d 221 (3d Dep’t 2024)

Facts In early 2021, respondent Digihost International, Inc. proposed a transaction to acquire the entire interest in respondent Fortistar North Tonawanda, LLC, (collectively, “crypto respondents”). This included an interest in a natural gas-fired cogeneration facility where Digihost intended to use the generated power to operate a cryptocurrency mining facility.1 In April 2021, both crypto respondents petitioned … Continued

Center for Biological Diversity v. Moore, No. CV-22-00412, 2024 WL 1156863 (D. Ariz. Feb. 16, 2024)

Facts The plaintiffs, Center for Biological Diversity, Maricopa Audubon Society, and the Mount Graham Coalition (collectively, the “plaintiffs”), brought an action against defendant Randy Moore, chief of the United States Forest Service (USFS), Martha Williams, Director of the United States Fish and Wildlife Service (FWS), Tom Vilsack, Secretary of the United States Department of Agriculture, … Continued

Matter of Cedar St. Comm. v. Board of Educ. of the E. Hampton Union Free Sch. Dist., N.Y.S.3d 380 (2d Dep’t 2024)

Facts The appellant, a group of property owners which collectively comprised a citizens group called the Cedar Street Committee, appealed a judgment rendered by the Suffolk County Supreme Court in favor of the appellee, the Board of Education for the East Hampton School District (“Board of Education”). The appellants sought “to vacate, annul or otherwise … Continued

Message From the Section Chair

I would like to start by thanking you all for the honor of chairing the Environment and Energy Law Section (the “section”). The section’s four-year progression through the Cabinet is a meaningful experience, ensuring that our future leaders are prepared for the chair role, and I am truly appreciative of all the support I have … Continued

Message From the Issue Editor: Cities, Towns, and Climate Readiness

The State of New York encourages communities to become climate ready. The voluntary Climate Smart Communities program provides pathways for some local governments both to assess their climate vulnerabilities, and to reduce their contributions to climate change. The program has received an impressive amount of interest from communities around the state and has raised awareness … Continued

Message From the Student Editorial Board

Implications of the Loper Decision on Environmental Policy, including PFAS (‘Forever Chemicals’) Regulation As of this summer, gone are the days of Chevron1 deference, and with that change comes the rising concern that statutes and the agency regulations will be undergoing much higher scrutiny in future court cases. As a current law student, but long-time scientist, my feelings on … Continued

Message From the Editor-in-Chief

Those paying even cursory attention probably know that per-and polyfluoroalkyl substances (PFAS) have received a lot of attention recently. PFAS represent a group of thousands of distinct chemicals. They have been linked to significant human health effects such as cancer, hormone disruption, liver issues, thyroid issues, and reproduction impacts. Following the discovery of PFAS contamination … Continued