New York’s legislature has passed significant amendments to New York’s Environmental Conservation Law concerning the Inactive Hazardous Waste Disposal Site Remedial Program—commonly referred to as the State Superfund program.
Continue Reading NY’s Superfund Law Poised for Overhaul: Aligning with CERCLA and Accounting for Environmental Justice
NYC Local Law 97 establishes strict carbon emissions limits for large buildings throughout New York City. This blog post examines LL97’s legal implications, including compliance strategies, enforcement risks, and the broader impact on the real estate market.
Continue Reading NYC Local Law 97 Emissions Limits Take Effect. Now What?
On April 16, 2025, the Bureau of Ocean Energy Management (BOEM) issued a formal director’s order instructing Empire Offshore Wind LLC to cease
Continue Reading When Is a Final Approval Not the Final Word? Empire Wind Halt Raises Questions About Managing Risk for Previously Approved Infrastructure Projects
On April 8, 2025, President Donald J. Trump issued an executive order titled Protecting American Energy From State Overreach. The order directs the U.S. attorney general to identify and take action against state and local laws “burdening” domestic energy development, especially laws addressing climate change, environmental, social, and government (ESG) initiatives, and environmental justice.
Continue Reading Executive Order Targets State Climate Laws, But Existing GHG Permit Requirements Remain Enforceable
In January, the Pennsylvania Supreme Court issued an opinion that may require environmental practitioners to reconsider how they think about the Environmental Hearing Board. Cole v. Pennsylvania Department of Environmental
Continue Reading Reconsidering How the Environmental Hearing Board Fits
On Jan. 29, 2025, the New York State Department of Environmental Conservation (DEC) proposed amendments to its State Environmental Quality Review Act (SEQRA) (6 NYCRR Part 617) and the Uniform
Continue Reading NY DEC Proposes Environmental Justice-Focused Amendments to SEQRA and UPA—Potential Impacts on Project Permitting
Connecticut is transitioning to a new approach to environmental cleanup and property transactions. The Release-Based Cleanup Regulations (RBCRs) will replace the Transfer Act[1], which impacted property
Continue Reading Considerations for Connecticut’s New Environmental Cleanup Rules
Act 2 has been on the books since 1995. UECA was adopted in Pennsylvania at the end of 2007. More than a few UECA covenants have been recorded as parts
Continue Reading No Pa. Case Has Ever Adjudicated a Claim to Enforce an Environmental Covenant Imposed Under ‘Act 2’—Does That Matter?
Montana is among the states with a constitutional provision recognizing a right to environmental quality, in its case to a “clean and healthful environment.” Mont. Const. art. II, § 3.
Continue Reading Montana Supreme Court Holds that State Constitution Protects Youth Plaintiffs’ Right to Protection from Climate Change
Opinions of the new Texas Business Court, a statewide, specialized trial court created to resolve certain complex business disputes, are now available online.