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Edward Mctiernan

Edward Mctiernan

July 08, 2020 | New York Law Journal

Survey of 2019 Cases Under State Environmental Quality Review Act

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan look at six SEQRA cases in which the plaintiffs prevailed, but where the defendant government agencies might have survived judicial review had they been more careful in the preparation of their submissions.

By Michael B. Gerrard and Edward McTiernan

10 minute read

May 13, 2020 | New York Law Journal

New York's New Statute on Siting Renewable Energy Facilities

In their Environmental Law Column, Michael B. Gerrard and Edward McTiernan discuss a recently enacted law that completely revamps the process under which large-scale renewable energy facilities and associated transmission lines receive state and local approvals.

By Michael B. Gerrard and Edward McTiernan

9 minute read

March 11, 2020 | New York Law Journal

Governor Cuomo Proposes $3 Billion 'Restore Mother Nature' Bond Act

Gov. Andrew Cuomo has started a campaign to pass legislation that would give voters the chance to approve a $3 billion environmental bond act titled the "Restore Mother Nature Bond Act." In their Environmental Law Column, Michael Gerrard and Edward McTiernan examine the background to, and purposes of this Act.

By Michael B. Gerrard and Edward McTiernan

7 minute read

January 08, 2020 | New York Law Journal

New York Environmental Legislation in 2019

In 2019, with the Democrats newly in full control of the State Senate, the Assembly and the Governor's office, New York adopted more environmental legislation than it had in more than a decade. In this edition of their Environmental Law column, Michael Gerrard and Edward McTiernan report on these developments and numerous other laws targeting environmental concerns.

By Michael B. Gerrard and Edward McTiernan

9 minute read

November 06, 2019 | New York Law Journal

Recent Developments Concerning Agency Guidance Documents

Over the past several months both the Trump administration and courts in New York have attempted to strike a balance between the tendency of agencies to use guidance to expand their authority without the protections associated with notice and comment rulemaking. In their Environmental Law column Michael Gerrard and Edward McTiernan explore these recent developments and what they might mean as for the EPA and DEC.

By Michael B. Gerrard and Edward McTiernan

8 minute read

September 11, 2019 | New York Law Journal

Annual Review of Developments Under SEQRA

Although the courts decided 46 cases under the State Environmental Quality Review Act (SEQRA) in 2018, Michael Gerrard and Edward McTiernan write that the most important action under the Act was in the Legislature, followed by the state Department of Environmental Conservation.

By Michael B. Gerrard and Edward McTiernan

8 minute read

July 10, 2019 | New York Law Journal

New Climate Law Will Reshape NY's Key Sectors

In their Environmental Law column, Michael Gerrard and Edward McTiernan discuss the "deep changes in the way electricity is generated, people and goods move around, and buildings are erected and renovated in New York" that will be required by the Climate Leadership and Community Protection Act, which both houses of the state Legislature have passed and Governor Andrew Cuomo has promised to sign.

By Michael B. Gerrard and Edward McTiernan

9 minute read

May 08, 2019 | New York Law Journal

New York's New Congestion Pricing Law

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan discuss the “congestion pricing” policy that will be instituted in Manhattan's Central Business District in early 2021. They address what the law provides, what is yet to be decided, and who will decide.

By Michael B. Gerrard and Edward McTiernan

8 minute read

March 06, 2019 | New York Law Journal

Three Legal Visions of a 'Green New Deal'

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan compare and contrast three proposals addressing climate change and meet the goal of the Paris Climate Agreement.

By Michael B. Gerrard and Edward McTiernan

9 minute read

January 09, 2019 | New York Law Journal

New York Environmental Legislation in 2018

In their Environmental Law column, Michael Gerrard and Edward McTiernan report on several significant environmental developments and laws enacted in 2018.

By Michael B. Gerrard and Edward McTiernan

9 minute read