Previously in our "Fracking NY" Blog Series, we summarized the two recent New York Supreme Court cases - Anschutz Exploration Corp. v. Town of Dryden, 940 N.Y.S.2d 458 (Sup. Ct. Tompkins Co. Feb. 21, 2012) and Cooperstown Holstein Corp. v. Town of Middlefield, 2012...
Month: June 2012
“Fracking NY” Blog Series: Update – Federal Regulations
Since our last post regarding the current federal regulations of high-volume hydraulic fracturing (i.e., "fracking") for extraction of natural gas from shale, there have been several developments on the federal level.President Obama Issues Executive Order Establishing...
Court Holds Citizens Cannot Sue for Violations of Section 404 Permits under Clean Water Act
The Fifth Circuit Court of Appeals held that the Clean Water Act does not allow citizen suits to enforce the conditions of a § 404 Permit. See Atchafalaya Basinkeeper v. Chustz, No. 11-30471 (5th Cir. Apr. 25, 2012).A § 404 Permit, issued by the Army Corps...
New York City Approves “Zone Green” Amendments to the City Zoning Resolution
On May 1, 2012, the New York City Council unanimously approved changes to the New York City Zoning Resolution that will encourage green construction for new buildings and green retrofits for existing buildings, among other environmentally-sound innovations. These...
