Michael B. Gerrard

September 26, 2008 | New York Law Journal

Michael B. Gerrard, a partner at Arnold & Porter, writes: The presidential candidates of both major parties have spent a great deal of time talking about energy policy and almost as much addressing environmental issues. Their positions differ more in emphasis than in fundamentals. On the other hand, the vice-presidential candidates present stark contrasts. Vice presidents Al Gore and Dick Cheney certainly had central roles in shaping environmental policies and any examination of the likely actions of the team that will move into the White House in January should look closely at the bottom as well as the top of the tickets.

By Michael B. Gerrard

12 minute read

March 28, 2008 | New York Law Journal

Michael B. Gerrard, a partner at Arnold & Porter, reviews decisions issued under the New York State Environmental Quality Review Act in 2007. The most common issues were whether a supplemental environmental impact statement was needed and whether there had been improper segmentation. On both issues, the decisions were fairly evenly split. There were also several decisions on whether the challenges were timely; whether the plaintiffs had standing; and whether the subject actions were exempt from SEQRA.

By Michael B. Gerrard

13 minute read

January 24, 2002 | New York Law Journal

T he 2001 session of the New York State Legislature produced several noteworthy pieces of environmental legislation. What a year ago was seen as the most important and likely new law a package reforming and financing the State`s brownfields and State Superfund programs bogged down amid a particularly contentious budget debate 1 (and disagreement on substantive issues) and derailed completely after the Sept. 11 terrorist attacks focused Albany`s attention on more urgent matters and left a number of environme

By Michael B. Gerrard

11 minute read

July 25, 2008 | New York Law Journal

Michael B. Gerrard, a partner at Arnold & Porter, writes that after years of studies, conferences and negotiations, in 2003 the New York State Legislature finally adopted a comprehensive statute for the cleanup and redevelopment of moderately contaminated land, known as "brownfields." Unfortunately serious flaws in the new law quickly became apparent. Several more years of debate ensued, the courts weighed in (not always consistently), and in June 2008 the Legislature adopted new amendments. Whether they got it right the second time around is very much an open question.

By Michael B. Gerrard

12 minute read

November 26, 2004 | New York Law Journal

Michael B. Gerrard, a partner with Arnold & Porter, writes that a system to enforce engineering and institutional controls is now codified as Article 71 Title 36 of the New York Environmental Conservation Law.

By Michael B. Gerrard

10 minute read

May 23, 2008 | New York Law Journal

Michael B. Gerrard, a partner at Arnold & Porter, reviews the patchwork of state and federal environmental laws that apply at each stage of a Carbon Capture and Sequestration project: capture of the CO2 emissions; transport of the captured gas; sequestration of the gas; and the closure and post-closure phases, along with liability issues raised by CSS.

By Michael B. Gerrard

12 minute read

June 03, 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 the last several years have seen a proliferation of municipal ordinances around the country requiring green building practices beyond state codes. Given the wide variance in the design and content of these laws, many opportunities are lost to improve the energy and water efficiency of buildings.

By Michael B. Gerrard

12 minute read

May 23, 2002 | New York Law Journal

F or the second year in a row, a record number of judicial decisions under the State Environmental Quality Review Act (SEQRA) were decided in 2001 in favor of applicants who claimed that agencies had treated them unfairly in denying or delaying their projects.

By Michael B. Gerrard

12 minute read

September 28, 2009 | The Legal Intelligencer

Litigation aiming to reduce emissions of greenhouse gases, or GHGs, is coming to be dominated by battles over coal-fired power plants.

By Michael B. Gerrard

10 minute read

March 27, 2009 | New York Law Journal

Michael B. Gerrard, professor of Professional Practice and Director of the Center for Climate Change Law at Columbia Law School and senior counsel to Arnold & Porter, discusses the emergence of new guidelines on greenhouse gas emissions, which is occurring against a backdrop of accelerated activity in both Congress and the EPA, with the vigorous support of President Barack Obama, leading toward federal regulation of GHGs.

By Michael B. Gerrard

12 minute read