Edward Mctiernan

November 08, 2023 | New York Law Journal

In the wake of several incidents of unprecedented rainfall and disastrous flooding, both New York and New Jersey have adopted laws requiring the sellers of residential properties to tell buyers, and landlords to tell tenants, about known flood risks.

By Michael B. Gerrard and Edward McTiernan

7 minute read

September 13, 2023 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan review New York's requirements for long-term property stewardship when residual contamination remains in place. They also discuss recently proposed NYSDEC guidance that will add a requirement to provide financial assurance to these long-term obligations.

By Michael B. Gerrard and Edward McTiernan

10 minute read

July 12, 2023 | New York Law Journal

The courts in New York issued 43 opinions in 2022 under the State Environmental Quality Review Act (SEQRA). Of these, the largest number—27—upheld agency decisions not to prepare an environmental impact statement (EIS), and eight overturned such decisions. Six cases upheld actions that had been the subject of an EIS; none overturned such actions. Two cases can't be classified in this fashion.

By Michael B. Gerrard and Edward McTiernan

9 minute read

May 09, 2023 | New York Law Journal

On March 3, New York Gov. Kathy Hochul signed the strongest environmental justice (EJ) law in the United States. While federal guidelines and the laws…

By Michael B. Gerrard and Edward McTiernan

10 minute read

March 07, 2023 | New York Law Journal

This column discusses the emerging jurisprudence under what has been called New York's Green Amendment.

By Michael B. Gerrard and Edward McTiernan

8 minute read

January 11, 2023 | New York Law Journal

Several significant environmental bills were enacted by the New York legislature and signed by Gov. Kathy Hochul in 2022, and several others were vetoed.

By Michael B. Gerrard and Edward McTiernan

12 minute read

November 09, 2022 | New York Law Journal

Several regulations exist to protect chemical and waste facilities against extreme weather events. It is not clear that they all are being adequately implemented, and the existing rules leave many holes.

By Michael B. Gerrard and Edward McTiernan

10 minute read

September 07, 2022 | New York Law Journal

New York's draft CLCPA scoping plan devotes the greatest attention to three emitting sectors—transportation, electricity and buildings. The three new federal laws, together, provide tremendous financial and other aid for all three. All the work New York has already done on these sectors gives the state a head start in seeking these funds.

By Michael B. Gerrard and Edward McTiernan

11 minute read

July 13, 2022 | New York Law Journal

The most important SEQRA development by far will come if Governor Kathy Hochul signs a bill that would amend the statute by requiring far more baseline and cumulative impact review, and barring the issuance and renewal of permits that would have disproportionate impacts.

By Michael B. Gerrard and Edward McTiernan

9 minute read

May 11, 2022 | New York Law Journal

The 2022 budget legislation expanded DEC's role by changing the definition of areas that constitute a regulated freshwater wetland.

By Michael B. Gerrard and Edward McTiernan

8 minute read