New York courts have long held that the “public trust” doctrine precludes the use of dedicated parkland for non-park uses. The New York Court of Appeals showed just how strictly that doctrine is applied when, after many years of planning and litigation, it enjoined development of a retail entertainment complex known as Willets West in … Continue Reading
As readers of this blog know, we have been closely following developments regarding claims for medical monitoring. (Medical Monitoring Claims in Illinois, Part 1; Medical Monitoring Claims in Illinois, Part 2.) A recent decision arising out of Hoosick Falls, New York, allowed Plaintiffs’ request for a medical monitoring fund to survive defendants’ motion to dismiss. On … Continue Reading
Late last month the New York State Department of Environmental Conservation (DEC) proposed to revise its Part 617 regulations, which are the rules governing the conduct of environmental impact review under New York’s “Little NEPA,” known as the State Environmental Quality Review Act (SEQRA). The proposal was officially noticed in today’s issue of the New … Continue Reading
The New York legislature passed an extension of the popular New York Brownfield credits as this year’s legislative session came to a close last week. Governor Andrew Cuomo and legislative leaders had been hoping to pass a longer extension in conjunction with significant changes to the eligibility rules for the lucrative tangible property Brownfield credit, … Continue Reading
By Adam Silverman Several recent developments in air regulations are likely to impact regional, national and international air pollution policy. In part I of our Air Update we address several Clean Air Act topics: The D.C. Circuit Court of Appeals issues two important Clean Air Act opinions, one clarifying a recent decision to uphold revisions … Continue Reading
A coalition of landowners upset with New York’s continuing moratorium on fracking after a five plus year review have circulated a draft complaint suing the state. The complaint alleges that the moratorium is arbitrary and capricious and a regulatory taking, among other claims. With the circulated complaint comes a request for donations to fund the … Continue Reading
with Nicholas R. Williams of GT New York The New York State Environmental Quality Review Act (SEQRA) requires actions that may have a significant adverse environmental impact to undergo review. The City Environmental Quality Review (CEQR) contains the City of New York’s procedures for complying with SEQRA. The State statute lists certain kinds of “Type … Continue Reading
Governor Cuomo instructed the New York State Department of Environmental Conservation to consider the Bradford County, Pennsylvania natural gas blowout in its horizontal drilling review, which Cuomo said should be completed by July 1, 2011.
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Gov. Paterson vetoed the NY moratorium on all fracking, but imposed a ban on horizontal, high-volume fracking by executive order. The DRBC proposed regulations and curtailed pending hearings.
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On November 29, the New York Assembly passed A1143B/S08129B which had previously passed the Senate. Governor Paterson is reported to be prepared to sign the bill, although the New York Times blog reports that industry groups are still pushing for a veto. The bill, if signed, would impose a moratorium on new permits for natural gas wells that … Continue Reading
The New York Times recently covered the ongoing dispute over drilling for natural gas in the Delaware River Basin, an area not only subject to the jurisdiction of state environmental agencies but also an interstate compact agency known as the Delaware River Basin Commission. At the Commission’s regular September 15 meeting, the DRBC Executive Director … Continue Reading