Michael B. Gerrard

November 12, 2024 | New York Law Journal

This article discusses the likely reversal of various environmental laws/protections that were implemented during Joe Biden's presidency that will take place now that Donald Trump has been re-elected.

By Michael B. Gerrard

15 minute read

September 11, 2024 | New York Law Journal

"We still do not know how much sweat and treasure will be required, but sadly it appears that the political will may be faltering," writes Michael B. Gerrard.

By Michael B. Gerrard

16 minute read

July 10, 2024 | New York Law Journal

This 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

On 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

Faced 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

In 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

In 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

In 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

The 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

On 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