Edward Mctiernan

November 07, 2018 | New York Law Journal

Environmental Law columnists Michael B. Gerrard and Edward McTiernan write: Heat causes more deaths in the U.S. than any other natural hazard—more than floods, hurricanes, or tornadoes. As a result of climate change, it is getting worse. This column discusses legal tools that could help cities and their residents cope with this dangerous phenomenon.

By Michael B. Gerrard and Edward McTiernan

8 minute read

September 12, 2018 | New York Law Journal

This article examines the new DEC requirements for disclosure of the contents of, and risks associated with, chemicals used in household cleaning products and also compares some of the key features of New York's requirements with those in California.

By Michael B. Gerrard and Edward McTiernan

8 minute read

July 11, 2018 | New York Law Journal

In their column on Environmental Law, Michael B. Gerrard and Edward McTiernan review the decisions issued by New York courts in 2017 under SEQRA.

By Michael B. Gerrard and Edward McTiernan

3 minute read

May 09, 2018 | New York Law Journal

Environmental Law columnists Michael B. Gerrard and Edward McTiernan address a state statute, Article X of the Public Service Law, which allows the state to override local laws that are making it more difficult for the state to meet its renewable energy goals. The authors discuss the history and contents of Article X, the case law under it and its predecessors, and how it can be used to help the construction of renewable energy facilities.

By Michael B. Gerrard and Edward McTiernan

9 minute read

March 08, 2018 | New York Law Journal

Environmental Law columnists Michael B. Gerrard and Edward McTiernan write: Under Barack Obama, climate litigation was mostly industry and red states seeking to block regulations. And now under Donald Trump, it is largely about environmental groups and blue states trying to preserve the rules adopted under President Obama, and to seek novel remedies to get around federal hostility to action on climate change.

By Michael B. Gerrard and Edward McTiernan

9 minute read

January 10, 2018 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan report on developments and environmental laws enacted in 2017, including those protecting water quality and advancing the state's clean energy goals.

By Michael B. Gerrard and Edward McTiernan

8 minute read

October 25, 2017 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write: Both the New York state and New York City bar associations have come out in favor of a Constitutional Convention. Both would leave the Forever Wild clause untouched. However, they come to opposite positions on an environmental rights provision.

By Michael B. Gerrard and Edward McTiernan

23 minute read

September 15, 2017 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write: Federal district courts are divided over whether the Clean Water Act prohibits discharges to groundwater when the subsurface receiving water is so closely connected to waters of the United States that it serves as a direct conduit to introduce pollutants to surface waters. Because the failure to have a permit for a regulated discharge can lead to significant compliance obligations, material fines and penalties and can be enforced by private citizens, this unresolved question has far-reaching consequences.

By Michael B. Gerrard and Edward McTiernan

7 minute read

July 12, 2017 | New York Law Journal

Environmental Law columnists Michael B. Gerrard and Edward McTiernan write that for only the second time since this annual survey began in 1991, no court overturned any agency decision where an environmental impact statement had been prepared. In sum, 2016 was a bad year for plaintiffs in SEQRA cases.

By Michael B. Gerrard and Edward McTiernan

8 minute read

May 10, 2017 | New York Law Journal

Michael B. Gerrard and Edward McTiernan write: New York's budget this year was adopted against the backdrop of continuing drinking water challenges in Flint, Mich. and across New York state. As a result, significant changes in the way drinking water will be protected, monitored and mitigated emerged from this year's budget process.

By Michael B. Gerrard and Edward McTiernan

16 minute read