NEW YORK CITY BAR May 9, 2024 ENVIRONMENTAL LAW COMMITTEE JOHN ROUSAKIS CO-CHAIR jrousakis@omm.com JULLEE KIM CO-CHAIR jullee.kim@coleschotz.com By Email Honorable Kathy Hochul Governor of New York NY State Capitol Building Albany, NY 12224 Honorable Eric Adams Mayor of the City of New York City Hall New York, NY 10007 Honorable Randy Simons Commissioner Pro … Continued

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

Facts The Village of Ossining (the “village”) declared a housing emergency under the Emergency Tenant Protection Act of 1974 (EPTA) and applied rent stabilization to buildings that had six or more rental units and were completed prior to January 1, 1974 in the village.1 The village did so after they “commissioned a housing vacancy study to … Continued

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

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

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

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

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

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