Edward Mctiernan

March 09, 2022 | New York Law Journal

New York has taken action to address PFOA and PFOS in all environmental media and across many regulatory programs. However, the need to consider PFOA and PFOS is still expanding, and industrial operators, business owners and their counsel should continue to closely monitor developments and pronouncements from the Legislature, DEC and DOH.

By Michael B. Gerrard and Edward McTiernan

9 minute read

January 12, 2022 | New York Law Journal

This annual survey of New York environmental legislation describes numerous new laws on single-use plastics, lead exposure, drinking water, fuel oil, climate resilience, solar energy, invasive species and other areas that were signed into law in 2021.

By Michael B. Gerrard and Edward McTiernan

10 minute read

November 10, 2021 | New York Law Journal

Doing everything reasonably possible to reduce GHG emissions will require many tradeoffs, and the sacrifice of some things of great value in service of the greater goal of meeting the climate threat.

By Michael B. Gerrard and Edward McTiernan

9 minute read

September 08, 2021 | New York Law Journal

In 2020, the courts decided 47 cases under the New York State Environmental Quality Review Act (SEQRA). In this edition of their Environmental Law article—the 30th anniversary of this column's first annual SEQRA review—Michael Gerrard and Edward McTiernan discuss the cases, which continued the familiar pattern that the safest way for a controversial project to withstand attack in court is to prepare a full EIS.

By Michael B. Gerrard and Edward McTiernan

9 minute read

July 07, 2021 | New York Law Journal

The most far-reaching part of the Climate Mobilization Act is Local Law 97, which places caps on how much greenhouse gas can be emitted from large residential and commercial buildings. The incoming Mayor's first term will roughly coincide with several of the key implementation deadlines in the law. In this edition of their Environmental Law column, Michael B. Gerrard and Edward McTiernan review the key elements of Local Law 97 and offer five suggestions for how the next Mayor might deal with the challenges it presents.

By Michael B. Gerrard and Edward McTiernan

10 minute read

May 12, 2021 | New York Law Journal

Environmental justice has grown in prominence in the political discourse in the last several years. While most of the attention has gone to federal actions, several states have just adopted their own laws to advance it. In their Environmental Law column, Michael B. Gerrard and Edward McTiernan focus on the environmental justice provisions in New York law and those recently enacted by other states.

By Michael B. Gerrard and Edward McTiernan

12 minute read

March 10, 2021 | New York Law Journal

In this edition of their Environmental Law column, Michael Gerrard and Edward McTiernan discuss how the change from former President Donald Trump's environmental policies to current President Joe Biden's policies will affect New York state and New York City.

By Michael B. Gerrard and Edward McTiernan

11 minute read

January 13, 2021 | New York Law Journal

This past year, New York saw the collapse of one major environmental initiative due to the pandemic, but the enactment of several important new environmental laws. In their Environmental Law column, Michael Gerrard and Edward McTiernan report on these developments and numerous other laws targeting environmental concerns in their annual survey.

By Michael B. Gerrard and Edward McTiernan

9 minute read

November 10, 2020 | New York Law Journal

The Biden administration is expected to devote considerable resources to restoring federal primacy over policies protecting human health and the environment. In this edition of their Environmental Law Column, Michael B. Gerrard and Edward McTiernan first discuss what the new government can do on its own, and then what would require formal rulemaking processes, and finally what can only be accomplished with Congressional action.

By Michael B. Gerrard and Edward McTiernan

10 minute read

September 09, 2020 | New York Law Journal

A standard part of due diligence before real estate transactions is ascertaining whether the property is prone to flooding. The usual method has long been to rely on the 100-year flood maps of the Federal Emergency Management Agency (FEMA), columnists Michael B. Gerrard and Edward McTiernan write.

By Michael B. Gerrard and Edward McTiernan

9 minute read