Student Editorial Board Adirondack White Lake Association v. Adirondack Park Agency, 208 N.Y.S.3d 430 (3d Dep’t 2024) Facts The petitioners commenced a CPLR article 78 proceeding to challenge the issuance of a mining permit that allows mineral extraction in a previously existing mine.1 The respondents had applied for a mining permit with the Department of Environmental … Continued
Facts The Sitka Tribe of Southeast Alaska (the “Tribe”) brought a suit against the state of Alaska, Alaska Department of Fish and Game, and Alaska Board of Fisheries (collectively, the “state”), alleging that the state’s management of the commercial fishery, with respect to the herring population in the Sitka Sound, violated common use and sustained … Continued
Facts This case is the most recent in a series of actions involving the permitting of a sand and gravel mine owned and operated by Sand Land Corporation and Wainscott Sand and Gravel Corp (collectively, “Sand Land” or “petitioners”) and located in the Town of Southampton in Suffolk County, New York.1 Mining operations have occurred at … Continued
Facts In June of 2022 Vermont Gas Systems, Inc. (VGS) petitioned the Vermont Public Utility Commission for approval of a contract with Archaea Energy Marketing LLC (Archaea). The contract, which has an initial term of 14-and-a-half years, required VGS to purchase a minimum volume of renewable natural gas (RNG), from a Waterloo, New York landfill … Continued
Facts In considering a request by plaintiff Sierra Club to vacate a pre-construction permit granted by Louisiana Department of Environmental Quality (LDEQ) to Commonwealth Liquefied Natural Gas (“Commonwealth”), the United States Court of Appeals for the Fifth Circuit applied a Louisiana State Law “without reason” standard to several aspects of the permit review process. The … Continued
Introduction Black women in the United States experience disproportionately high rates of maternal morbidity and mortality in comparison to other groups, with white women being almost three times less likely to experience pregnancy-related deaths than Black women.1, 2 More than a decade of research has consistently documented racial disparities in maternal mortality and morbidity rates across groups. … Continued
Private equity ownership has infiltrated almost every sector of the health care industry and is associated with a harmful impact on patient costs as well quality of care.1, 2 These for-profit entities prioritize profit maximization and usually have a short three to five-year turnover period to resell and to satisfy high-interest payments and debts associated with private … Continued
Introduction This commentary highlights a major vulnerability facing medicine and the health care industry. Community clinics, hospitals, large health systems, health plans, professional medical societies, medical schools, and individual medical professionals must begin to confront published patient-care decision support (CDS) tools and practice guidelines that recommend separate and unequal care based on a patient’s race. … Continued
New York State Department of Health Medicaid Decisions Compiled by Ron L. Oakes National Seating & Mobility, Inc. (Decision After Hearing, May 6, 2024, John Harris Terepka, ALJ) Appellant is a durable medical equipment (DME) and medical/surgical supplies provider. In December of 2020, the New York State Office of the Medicaid Inspector General (OMIG) initiated … Continued
1/24/24: Admission and Discharge Criteria for Psychiatric Inpatient Units of General Hospitals Notice of Proposed Rule Making. The Office of Mental Health proposed to amend Part 580 of Title 14 N.Y.C.R.R. to standardize admissions and discharges. See N.Y. Register January 24, 2024. Admission and Discharge Criteria for Comprehensive Psychiatric Emergency Programs Notice of Proposed Rule Making. The … Continued