Michael B. Gerrard

February 27, 2003 | Law.com

"Democracy by Decree" deserves to be controversial, says Michael Gerrard, because it is an assault on the actions of public interest lawyers and the judges before whom they appear. The book's thesis, he says, is that consent orders have stripped vital power from civic leaders -- and put important programs in the hands of unaccountable lawyers while keeping government officials from doing the jobs they were elected to do.

By Michael B. Gerrard

6 minute read

November 18, 2005 | New York Law Journal

Michael B. Gerrard, partner at Arnold & Porter, writes that the new Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users, in addition to listing more than 6,000 named projects for funding and authorizing $286.4 billion in federal expenditures, modifies the environmental review process for transportation projects and adopts numerous other important changes to the environmental laws.

By Michael B. Gerrard

10 minute read

January 26, 2007 | New York Law Journal

Michael B. Gerrard, a partner at Arnold & Porter, reviews environmental legislation passed in 2006 that establishes new rules for vehicle dismantlers, requires emission reductions from heavy-duty diesel vehicles used by the state, increases notice requirements of environmental hazards, and provides tax credits for environmentally beneficial activities.

By Michael B. Gerrard

11 minute read

March 25, 2005 | New York Law Journal

Michael B. Gerrard, a partner with Arnold & Porter, writes that New York courts issued 53 decisions under SEQRA in 2004. The year's docket was dominated by issues of timing � when suit could be brought, when objections had to be presented and when motions must be made.

By Michael B. Gerrard

14 minute read

July 23, 2004 | New York Law Journal

Michael B. Gerrard, a partner with Arnold & Porter, writes that nominally voluntary programs are playing an increasing role in the administration and enforcement of environmental laws.

By Michael B. Gerrard

10 minute read

May 27, 2005 | New York Law Journal

Michael B. Gerrard, a partner with Arnold & Porter, writes that New York's State Environmental Quality Review Act is not alone. A total of 15 states plus the District of Columbia and Puerto Rico have what are called "little NEPAs," after the federal precursor of them all, the National Environmental Policy Act. He compares the patterns of litigation under these 17 laws, plus more limited enactments in six other states.

By Michael B. Gerrard

12 minute read

August 05, 2010 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard, Andrew Sabin Professor of Professional Practice and Director of the Center for Climate Change Law at Columbia Law School and senior counsel to Arnold & Porter, writes that of the 11 actions challenged after the preparation of an environmental impact statement in 2009 decisions, every one of them survived. For the period 1990 through 2008, 16 percent of such challenges were successful annually.

By Michael B. Gerrard

13 minute read

May 26, 2006 | New York Law Journal

Michael B. Gerrard, a partner at Arnold & Porter, writes that at a time when the U.S. Congress and the New York State Legislature are so fractious that important new environmental statutes are enacted only once a decade or so, New York City government has been astonishingly productive. In 2005 alone, the New York City Council passed, and Mayor Michael R. Bloomberg signed, nearly 30 environmental bills.

By Michael B. Gerrard

12 minute read

September 23, 2005 | New York Law Journal

Michael B. Gerrard, a partner at Arnold & Porter, summarizes the Energy Policy Act of 2005's effects on environmental laws, including the preemption of state control over liquefied natural gas terminals and interstate electric transmission lines, the exemption of certain energy-related activities from EPA regulation, and extensive amendments to alleviate groundwater contamination from leaking Underground Storage Tanks.

By Michael B. Gerrard

12 minute read

September 22, 2006 | New York Law Journal

Michael B. Gerrard, a partner at Arnold & Porter, writes that the absence of a unified federal approach to reducing greenhouse gases may increase the costs of compliance, but the considerable expenditures that many companies are incurring are also creating major business opportunities for providers of renewable energy, manufacturers of materials and systems used in green construction, developers of technology that can capture and store greenhouse gases before they enter the atmosphere, and more.

By Michael B. Gerrard

11 minute read