Could fracking in North Dakota's Bakken shale formation have a direct impact on New York State? Yes, but the impact isn't limited to prices at the gas pump or home energy heating bills. Instead, the fracking operations are leading to a surge in freight trains hauling...
New York State Environmental Law
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...
Sellers Beware: Unauthorized Petroleum Tank Repair Ruled a Breach of Environmental Warranty
Everyone's heard of the phrase, "Be careful what you wish for," but Sunoco, Inc. might be ready to coin a new phase, "Be careful what you warrant."In 2009, Sunoco, Inc. sold an Oneida County-based Marcy Terminal to Superior US Holdings, Inc. Given that it was an oil...
Key Limits Imposed on State Authority to Order RCRA Corrective Action Under a Treatment, Storage or Disposal Facility Permit
Can a party who is not the holder of a certain environmental permit be required to perform the obligations set out in that permit? The New York State Department of Environmental Conservation thought so, and argued as much in the case of a property owner who had...
A.G. Scheiderman and Assemblyman Sweeney Announce Legislation to Curb Pint Sized Pollutant that Poses Big Problem for New York
Perhaps you've heard of the "Great Pacific Garbage Patch," a "plastic soup" of floating waste in the Pacific purportedly twice the size of the United States, but did you know that similar plastic pollution has been documented throughout the Great Lakes? Attorney...
DEC Announces New Environmental Self-Audit Policy With Incentives For Participating Businesses
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...
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...
UPDATED: Federal Court Upholds $105 Million Judgment Against ExxonMobil in Bellwether Groundwater Contamination Litigation
Here's a pop quiz: after an eleven week trial in federal court, a jury hands down a verdict of nearly $105 million against ExxonMobil for contaminating New York City's drinking water. On appeal, the verdict is upheld. What environmental law enabled the jury to find,...
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...