On January 17, 2017, the New York State Department of Environmental Conservation (DEC) released proposed amendments to SEQRA - the department's first major revisions to such regulations in more than two decades. The proposed amendments follow recent efforts by the DEC...
Land Use Law
DEC Issues New York State’s Official Rationale for Fracking Ban
DEC has issued its long-awaited environmental impact study for high volume horizontal fracturing, or fracking, in New York State. This document contains the state's official findings on the environmental and human health impacts of fracking, namely, that too much...
New State Legislation Requires Increased Climate Resilience for New York Infrastructure
As in other areas of environmental policy, New York State is a leader in grappling with global climate change. Since 2009, the New York State Department of Environmental Conservation has had a policy in place that requires it to consider energy use and greenhouse gas...
New York’s Highest Court to Weigh in on Who Bears the Cost of Regulatory Inaction on Fracking
Fresh off its hotly anticipated August 2014 decision upholding the right of municipalities to zone oil and gas extraction operations out of their towns, the New York State Court of Appeals is set to weigh in on another oil and gas extraction issue. This latest matter...
Yet Another Legal Challenge to the East 91st Street Marine Transfer Station Fails
A marine transfer station operated on the East River at 91st Street for nearly six decades, temporarily storing municipal waste along the East River before loading it onto barges for disposal outside of Manhattan. But in 2004, the New York City announced plans to...
Local Fracking Bans Upheld in Dryden and Middlefield Cases
Proponents and opponents of hydraulic fracturing alike have been waiting with bated breath for the outcome of the Wallach v. Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield cases. The wait is over - in late June, the New York Court of Appeals...
New Rules Governing Hazardous Waste Storage in New York City are Coming Into Effect: Will Your Facility be Ready?
In the wake of Hurricane Sandy, the New York City Council passed a flurry of laws designed to increase the resiliency of the City during future storm events. One of these laws, Local Law 143, requires operators of facilities that store hazardous substances to file...
New York’s Highest Court to Weigh in on Local Fracking Bans in Closely-Watched Dryden and Middlefield Cases
In a highly unusual move, the New York Court of Appeals has decided to hear an appeal despite an intermediate appeals court's unanimous ruling. It was no surprise that Norse Energy Corp. USA appealed that lower court ruling upholding the right of New York...
New York’s Highest Court to Weigh in on Local Fracking Bans in Closely-Watched Dryden and Middlefield Cases
In a highly unusual move, the New York Court of Appeals has decided to hear an appeal despite an intermediate appeals court's unanimous ruling. It was no surprise that Norse Energy Corp. USA appealed that lower court ruling upholding the right of New York...
Appellate Division Upholds Right of New York Municipalities to Regulate Fracking through Zoning Ordinances
Municipalities in New York have received the green light to regulate fracking - even to the point of banning it - through local zoning ordinances. It's a second consecutive victory for municipalities in the New York courts, and an affirmation of New York's long...
