Have you ever wondered what you can do to reduce fines for environmental violations that you suspect you may have, but you live in fear of an environmental enforcement action that hammers you for it?You may be able to avoid some of the pain by simply telling the...
Codes
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...
Extension of New York State Fracking Moratorium Passes State Assembly, But its Ultimate Fate is Unclear
On March 7, 2013, the New York State Assembly passed legislation to extend the moratorium in place on high pressure horizontal hydraulic fracturing - hydrofracking or fracking - of shale that has been in place since 2008. Though the bill, Assembly Bill 5424-A, passed...
Deadline for Statewide Fracking Regulations Extended
On November 29, 2012, the New York State Department of Environmental Conservation missed its deadline under state law to finalize regulations for hydrofracking in New York. However, shortly before the deadline, it filed a Notice of Continuation with the Department of...
DEC “Incidental Take” Permit Regulations Survive Challenge
On July 26, 2012 the Appellate Division, Third Department affirmed the dismissal of a challenge to the New York State Department of Environmental Conservation's recently amended endangered species regulations. The regulations, contained in 6 NYCRR Part 182, included a...
New York State Department of Environmental Conservation Proposes Amendments to Environmental Assessment Forms
The New York State Department of Environmental Conservation ("DEC") recently proposed amending its Short and Long Environmental Assessment Forms ("EAFs"), and is accepting public comment on the revised forms through April 8, 2011. These forms are used in the...
New York Navigation Law Sec 181. Liability. Sections 5 – 6
5. Any claim by any injured person in for the costs of cleanup and removal and direct and indirect damages based on the strict liability imposed by this section may be brought directly against the person who has discharged the petroleum, provided, however, that...
New York Navigation Law Sec 181. Liability. Sections 1 – 2
1. Any person who has discharged petroleum shall be strictly liable, without regard to fault, for all cleanup and removal costs and all direct and indirect damages, no matter by whom sustained, as defined in this section. In addition to cleanup and removal costs and...