July 10, 2024 | New York Law Journal
Annual SEQRA Review: Project Applicants Winning More CasesThis annual review discusses the most important SEQRA decisions of 2023. All 46 will be included in the next annual update of "Environmental Impact Review in New York".
By Michael B. Gerrard
11 minute read
May 10, 2024 | New York Law Journal
California and Europe Require Scope 3 Climate Disclosures Despite SEC RetreatOn March 6, 2024, the SEC issued its final rule that notably eliminated Scope 3 disclosures by public companies—but companies that don't want to make these disclosures should not rejoice, as new requirements from both California and Europe do mandate this information and apply to most large companies operating in the United States.
By Michael B. Gerrard
11 minute read
March 13, 2024 | New York Law Journal
New York City Relaxing Environmental Review Rules for Housing ConstructionFaced with a severe housing shortage, NYC is exempting the construction of much new housing from the environmental review processes and taking many other steps to encourage such construction throughout the city. Several of these moves will also help the transition away from fossil fuels to renewable energy.
By Michael B. Gerrard
9 minute read
January 10, 2024 | New York Law Journal
New York Environmental Legislation in 2023In his Environmental Law column, Michael B. Gerrard reviews both new and amended environmental and energy laws enacted by the state of New York in 2023.
By Michael B. Gerrard
12 minute read
November 08, 2023 | New York Law Journal
New York, New Jersey Adopt Laws Requiring Flood Risk Disclosure for Homebuyers, TenantsIn the wake of several incidents of unprecedented rainfall and disastrous flooding, both New York and New Jersey have adopted laws requiring the sellers of residential properties to tell buyers, and landlords to tell tenants, about known flood risks.
By Michael B. Gerrard and Edward McTiernan
7 minute read
September 13, 2023 | New York Law Journal
Long-Term Stewardship Required for Contaminated Real EstateIn their Environmental Law column, Michael B. Gerrard and Edward McTiernan review New York's requirements for long-term property stewardship when residual contamination remains in place. They also discuss recently proposed NYSDEC guidance that will add a requirement to provide financial assurance to these long-term obligations.
By Michael B. Gerrard and Edward McTiernan
10 minute read
July 12, 2023 | New York Law Journal
Survey of 2022 Cases Under State Environmental Quality Review ActThe courts in New York issued 43 opinions in 2022 under the State Environmental Quality Review Act (SEQRA). Of these, the largest number—27—upheld agency decisions not to prepare an environmental impact statement (EIS), and eight overturned such decisions. Six cases upheld actions that had been the subject of an EIS; none overturned such actions. Two cases can't be classified in this fashion.
By Michael B. Gerrard and Edward McTiernan
9 minute read
May 09, 2023 | New York Law Journal
New York Adopts Nation's Strongest Environmental Justice LawOn March 3, New York Gov. Kathy Hochul signed the strongest environmental justice (EJ) law in the United States. While federal guidelines and the laws…
By Michael B. Gerrard and Edward McTiernan
10 minute read
March 07, 2023 | New York Law Journal
New York's Green Amendment: The First DecisionsThis column discusses the emerging jurisprudence under what has been called New York's Green Amendment.
By Michael B. Gerrard and Edward McTiernan
8 minute read
January 11, 2023 | New York Law Journal
New York Environmental Legislation in 2022Several significant environmental bills were enacted by the New York legislature and signed by Gov. Kathy Hochul in 2022, and several others were vetoed.
By Michael B. Gerrard and Edward McTiernan
12 minute read
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