Edward Mctiernan

March 08, 2017 | New York Law Journal

Environmental Law columnists Michael B. Gerrard and Edward McTiernan write that now that the New York State Department of Environmental Conservation has issued official sea level rise projections (up to 75 inches by the year 2100), these projections may begin to affect a broad range of decisions in building and infrastructure siting, design, construction and materials; insurance and financing; securities disclosure; and estate planning.

By Michael B. Gerrard and Edward McTiernan

15 minute read

January 11, 2017 | New York Law Journal

Environmental Law columnists Michael B. Gerrard and Edward McTiernan write: While 2016 did not bring major environmental legislation in New York state, laws were enacted that could have significant impacts in coming years, including a law that allows plaintiffs to bring toxic tort claims in connection with newly designated Superfund sites that might otherwise be barred by existing statutes of limitations. Gov. Andrew M. Cuomo also signed laws requiring lead testing of drinking water in schools, establishing a task force to study ocean acidification, and creating a program to fund local climate change mitigation and adaptation projects.

By Michael B. Gerrard and Edward McTiernan

16 minute read

November 09, 2016 | New York Law Journal

Environmental Law columnists Michael B. Gerrard and Edward McTiernan detail what they call a remarkable set of developments in the past month at the international level in controlling greenhouse gas emissions—the entry into force of the Paris Climate Agreement, and major new agreements on controlling hydrofluorocarbon emissions and pollution from airplanes. They also provide comments on how the stunning election of Donald Trump on Tuesday casts the future of some but not all of these efforts into doubt.

By Michael B. Gerrard and Edward McTiernan

17 minute read

September 07, 2016 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard and Edward McTiernan write: Since Superstorm Sandy, federal, state and local resource managers have increasingly come to view wetlands not merely as important natural areas worthy of preservation but as central to sustainable and cost-effective storm water management systems.

By Michael B. Gerrard and Edward McTiernan

18 minute read

May 12, 2016 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan review the major provisions of the Safe Drinking Water Act, discuss the EPA's approach to setting "maximum contaminant levels" and describe the framework for implementation and operator responsibility here in New York State.

By Michael B. Gerrard and Edward McTiernan

22 minute read

March 10, 2016 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write that the Paris Agreement that will be opened for signature on April 22 contains specific requirements for monitoring, reporting and verification; those were authorized when the U.S. Senate ratified the original climate treaty in 1992. Beyond that it is mostly aspirational, with no binding, country-specific commitments to reduce emissions or provide financing. Nonetheless, it has significant legal and operational ramifications for many U.S. businesses.

By Michael B. Gerrard and Edward McTiernan

11 minute read

January 14, 2016 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write that among other significant developments in 2015, long-awaited reform of New York's Brownfield Cleanup Program emerged from the annual budget process, extending the availability of tax credits for 10 years and changing the eligibility criteria. Governor Cuomo also signed new laws regarding the Oil Spill Fund, water pollution controls, energy, and hazardous waste program fees.

By Michael B. Gerrard and Edward McTiernan

11 minute read

January 13, 2016 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write that among other significant developments in 2015, long-awaited reform of New York's Brownfield Cleanup Program emerged from the annual budget process, extending the availability of tax credits for 10 years and changing the eligibility criteria. Governor Cuomo also signed new laws regarding the Oil Spill Fund, water pollution controls, energy, and hazardous waste program fees.

By Michael B. Gerrard and Edward McTiernan

11 minute read

November 09, 2015 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write: Despite the fact that it lacks any refining capacity, New York State has become a hub for the movement of crude oil by rail. This article will examine the general scheme for controlling the movement of hazardous cargo such as crude oil by rail and the role that New York is playing in the environmental regulation of this activity.

By Michael B. Gerrard and Edward McTiernan

11 minute read

November 06, 2015 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write: Despite the fact that it lacks any refining capacity, New York State has become a hub for the movement of crude oil by rail. This article will examine the general scheme for controlling the movement of hazardous cargo such as crude oil by rail and the role that New York is playing in the environmental regulation of this activity.

By Michael B. Gerrard and Edward McTiernan

11 minute read