Michael B. Gerrard

March 07, 2023 | New York Law Journal

This 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

Several 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

November 09, 2022 | New York Law Journal

Several regulations exist to protect chemical and waste facilities against extreme weather events. It is not clear that they all are being adequately implemented, and the existing rules leave many holes.

By Michael B. Gerrard and Edward McTiernan

10 minute read

September 07, 2022 | New York Law Journal

New York's draft CLCPA scoping plan devotes the greatest attention to three emitting sectors—transportation, electricity and buildings. The three new federal laws, together, provide tremendous financial and other aid for all three. All the work New York has already done on these sectors gives the state a head start in seeking these funds.

By Michael B. Gerrard and Edward McTiernan

11 minute read

July 13, 2022 | New York Law Journal

The most important SEQRA development by far will come if Governor Kathy Hochul signs a bill that would amend the statute by requiring far more baseline and cumulative impact review, and barring the issuance and renewal of permits that would have disproportionate impacts.

By Michael B. Gerrard and Edward McTiernan

9 minute read

May 11, 2022 | New York Law Journal

The 2022 budget legislation expanded DEC's role by changing the definition of areas that constitute a regulated freshwater wetland.

By Michael B. Gerrard and Edward McTiernan

8 minute read

March 09, 2022 | New York Law Journal

New York has taken action to address PFOA and PFOS in all environmental media and across many regulatory programs. However, the need to consider PFOA and PFOS is still expanding, and industrial operators, business owners and their counsel should continue to closely monitor developments and pronouncements from the Legislature, DEC and DOH.

By Michael B. Gerrard and Edward McTiernan

9 minute read

January 12, 2022 | New York Law Journal

This annual survey of New York environmental legislation describes numerous new laws on single-use plastics, lead exposure, drinking water, fuel oil, climate resilience, solar energy, invasive species and other areas that were signed into law in 2021.

By Michael B. Gerrard and Edward McTiernan

10 minute read

November 10, 2021 | New York Law Journal

Doing everything reasonably possible to reduce GHG emissions will require many tradeoffs, and the sacrifice of some things of great value in service of the greater goal of meeting the climate threat.

By Michael B. Gerrard and Edward McTiernan

9 minute read

September 08, 2021 | New York Law Journal

In 2020, the courts decided 47 cases under the New York State Environmental Quality Review Act (SEQRA). In this edition of their Environmental Law article—the 30th anniversary of this column's first annual SEQRA review—Michael Gerrard and Edward McTiernan discuss the cases, which continued the familiar pattern that the safest way for a controversial project to withstand attack in court is to prepare a full EIS.

By Michael B. Gerrard and Edward McTiernan

9 minute read