Puzzle: When does a change to the statute of limitations almost seem to eliminate it?Answer: When a bill like this one becomes law. In early November 2019, NY Governor Andrew Cuomo signed into law a bill (S.B. 3337/A.B.5477), which "[r]elates to the statute of...
jamespericoni
On Eve of Holidays, Governor Cuomo Signs Legislation Creating EJ Advisory Group and EJ Interagency Coordinating Council
As if he were making a last-ditch effort to avoid receiving a lump of coal from Santa Claus, New York Governor Andrew Cuomo signed legislation (S.2385/A.1564) last December to make Environmental Justice (EJ) more than just a nice slogan. "Environmental justice" is the...
Business Environmental Risks: What the Heck Are They and Why Should You Care? (Part 1 of 2)
What do wetlands, asbestos containing materials (ACM) and open regulatory violations all have in common? Answer: if ignored, these business environmental risks can turn an otherwise sound investment in commercial real estate into a bad one. Anyone involved in the...
5 Quick Takeaways From EPA’s Updated Bona Fide Prospective Purchaser Guidance
When the United States Environmental Protection Agency ("EPA") updates important guidance materials it hasn't touched in more than 15 years, people start to take notice! This past summer, the EPA released its long-overdue Enforcement Discretion Guidance Regarding...
SCOTUS To Review Montana CERCLA Case About Preemption Of State Common Law Claims
Under what circumstances does federal environmental law trump state common law? This issue is at the heart of a closely watched case to be considered by the U.S. Supreme Court (SCOTUS). On June 10, 2019, SCOTUS announced that it would review a Montana Supreme Court...
NYC Poised to Lead on Climate Change Policy with Its Own “Green New Deal”
New York City has taken the lead to combat climate change with unprecedented to reduce the City's carbon emissions. On April 22, 2019 Mayor de Blasio announced New York City's "Green New Deal," an ambitious $14 billion plan to attack global warming and combat climate...
Money Doesn’t Grow on Trees, So Why Waste It on Penalties for Stormwater Permit Violations?
On March 18, 2019, the Federal District Court for the Northern District of New York approved a Consent Decree requiring the payment of a $100,000 civil penalty and resolving Clean Water Act claims against the owners and operators of a metal recycling facility in the...
Article 78 Challenge to SEQRA/CEQR NegDec Fails On Statute of Limitations Grounds
It's been 15 days: Do you know if your petition has been served? In a recent case seeking to challenge the approval of a Brooklyn project, the project's opponents learned that time matters, and courts have a difficult time finding "good cause" when the complaint is...
NYC Slams Energy Companies’ Bid to Dodge Climate Suit
"Fake news!" You've probably heard this new term lately. We're living in a time where citizens fear deception. We're also living in a time where the world's climate is changing faster than at any point in the history of modern civilization. To that end: is climate...
DEC Penalties for Failure to Renew PBS Facility Registration
Money can't buy happiness, but is there any reason to waste it on penalties for failing to register a petroleum bulk storage (PBS) facility? That's what some building owners just learned: three recent cases provide some insight into how the New York Department of...
