October 23, 2017 | New York Law Journal
Comparison of Tri-State Area Recreational Use StatutesIn their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell write: Beginning in the 1950s, states began adopting recreational use statutes, which shield landowners from tort liability when people engage in certain types of outdoor recreation on those lands, thus encouraging recreation. Although New York's, New Jersey's, and Connecticut's statutes are structured similarly, their application has been far from uniform.
By Christine A. Fazio and Ethan I. Strell
9 minute read
June 23, 2017 | New York Law Journal
States Taking Lead on Reducing Methane EmissionsIn their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell discuss how New York and other states have filled the void in federal climate leadership and are introducing their own methane programs.
By Christine A. Fazio and Ethan I. Strell
8 minute read
February 22, 2017 | New York Law Journal
Judge Gorsuch's Environmental RecordDomestic Environmental Law columnists Christine A. Fazio and Ethan I. Strell write that while Judge Gorsuch has questioned judicial deference of agency decisions, his few written opinions on environmental matters actually show a tendency to rule in favor of the federal agency. However, the outcomes of these cases have less to do with the environment than with Judge Gorsuch's judicial and constitutional philosophy.
By Christine A. Fazio and Ethan I. Strell
25 minute read
October 26, 2016 | New York Law Journal
Controversy Grows Over Proposal for New Hudson River AnchoragesDomestic Environmental Law columnists Christine A. Fazio and Ethan I. Strell examine the environmental issues arising from the U.S. Coast Guard's proposed rulemaking to establish several new Hudson River anchorage locations between Yonkers and Kingston. In recent years, shipping traffic on the Hudson has expanded, most notably from crude oil shipments from North Dakota arriving by rail to the Port of Albany that are then transferred to barges and ships for delivery along the east coast. The shipping industry asserts that new anchorages are needed for safety, supply chain management, and environmental protection, while environmental groups and municipalities that oppose the proposal dispute the industry's assertions and have requested a full environmental review.
By Christine A. Fazio and Ethan I. Strell
23 minute read
February 25, 2016 | New York Law Journal
Addressing Climate Change Through Energy LawIn their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell write: Given the energy sector's sizable contribution to greenhouse gas emissions, it is not surprising that programs to address emissions are increasingly being addressed by energy lawyers, policy analysts, engineers, and economists through public utility commissions, rather than by traditional environmental regulatory agencies.
By Christine A. Fazio and Ethan I. Strell
12 minute read
October 22, 2015 | New York Law Journal
Too Good to Be True? Volkswagen, Audi, and the Future of DieselIn their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell write that notwithstanding brilliant advertising, were the old wives in the Volkswagen commercials who said diesel meant dirty actually correct? As with most things in the legal, regulatory, and engineering worlds, the answer is complicated. Diesel can still be a comparatively clean mobility option, but Volkswagen did the technology no favors with its subterfuge.
By Christine A. Fazio and Ethan I. Strell
13 minute read
June 25, 2015 | New York Law Journal
Green Infrastructure, Stormwater and Water QualityIn their Domestic Environmental Law column, Christine Fazio and Ethan Strell discuss examples of emerging green infrastructure programs across the country, as well as some of the challenges posed by integrating green infrastructure into the legal structure of the Clean Water Act, which traditionally relies on quantifiable, technical pollution solutions.
By Christine A. Fazio and Ethan I. Strell
15 minute read
June 24, 2015 | New York Law Journal
Green Infrastructure, Stormwater and Water QualityIn their Domestic Environmental Law column, Christine Fazio and Ethan Strell discuss examples of emerging green infrastructure programs across the country, as well as some of the challenges posed by integrating green infrastructure into the legal structure of the Clean Water Act, which traditionally relies on quantifiable, technical pollution solutions.
By Christine A. Fazio and Ethan I. Strell
15 minute read
February 26, 2015 | New York Law Journal
Fracking Report Concludes More Health Studies Are NeededIn their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell write: Just before Christmas, the New York State Department of Health released its long-awaited report on the public health effects of hydrofracking, resulting in New York State's highly publicized decision to continue to ban the natural gas extraction process known as high volume hydraulic fracturing.
By Christine A. Fazio and Ethan I. Strell
14 minute read
February 25, 2015 | New York Law Journal
Fracking Report Concludes More Health Studies Are NeededIn their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell write: Just before Christmas, the New York State Department of Health released its long-awaited report on the public health effects of hydrofracking, resulting in New York State's highly publicized decision to continue to ban the natural gas extraction process known as high volume hydraulic fracturing.
By Christine A. Fazio and Ethan I. Strell
14 minute read
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