Michael B. Gerrard

July 07, 2021 | New York Law Journal

The most far-reaching part of the Climate Mobilization Act is Local Law 97, which places caps on how much greenhouse gas can be emitted from large residential and commercial buildings. The incoming Mayor's first term will roughly coincide with several of the key implementation deadlines in the law. In this edition of their Environmental Law column, Michael B. Gerrard and Edward McTiernan review the key elements of Local Law 97 and offer five suggestions for how the next Mayor might deal with the challenges it presents.

By Michael B. Gerrard and Edward McTiernan

10 minute read

May 12, 2021 | New York Law Journal

Environmental justice has grown in prominence in the political discourse in the last several years. While most of the attention has gone to federal actions, several states have just adopted their own laws to advance it. In their Environmental Law column, Michael B. Gerrard and Edward McTiernan focus on the environmental justice provisions in New York law and those recently enacted by other states.

By Michael B. Gerrard and Edward McTiernan

12 minute read

March 10, 2021 | New York Law Journal

In this edition of their Environmental Law column, Michael Gerrard and Edward McTiernan discuss how the change from former President Donald Trump's environmental policies to current President Joe Biden's policies will affect New York state and New York City.

By Michael B. Gerrard and Edward McTiernan

11 minute read

January 13, 2021 | New York Law Journal

This past year, New York saw the collapse of one major environmental initiative due to the pandemic, but the enactment of several important new environmental laws. In their Environmental Law column, Michael Gerrard and Edward McTiernan report on these developments and numerous other laws targeting environmental concerns in their annual survey.

By Michael B. Gerrard and Edward McTiernan

9 minute read

November 10, 2020 | New York Law Journal

The Biden administration is expected to devote considerable resources to restoring federal primacy over policies protecting human health and the environment. In this edition of their Environmental Law Column, Michael B. Gerrard and Edward McTiernan first discuss what the new government can do on its own, and then what would require formal rulemaking processes, and finally what can only be accomplished with Congressional action.

By Michael B. Gerrard and Edward McTiernan

10 minute read

September 09, 2020 | New York Law Journal

A standard part of due diligence before real estate transactions is ascertaining whether the property is prone to flooding. The usual method has long been to rely on the 100-year flood maps of the Federal Emergency Management Agency (FEMA), columnists Michael B. Gerrard and Edward McTiernan write.

By Michael B. Gerrard and Edward McTiernan

9 minute read

July 08, 2020 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan look at six SEQRA cases in which the plaintiffs prevailed, but where the defendant government agencies might have survived judicial review had they been more careful in the preparation of their submissions.

By Michael B. Gerrard and Edward McTiernan

10 minute read

May 13, 2020 | New York Law Journal

In their Environmental Law Column, Michael B. Gerrard and Edward McTiernan discuss a recently enacted law that completely revamps the process under which large-scale renewable energy facilities and associated transmission lines receive state and local approvals.

By Michael B. Gerrard and Edward McTiernan

9 minute read

March 11, 2020 | New York Law Journal

Gov. Andrew Cuomo has started a campaign to pass legislation that would give voters the chance to approve a $3 billion environmental bond act titled the "Restore Mother Nature Bond Act." In their Environmental Law Column, Michael Gerrard and Edward McTiernan examine the background to, and purposes of this Act.

By Michael B. Gerrard and Edward McTiernan

7 minute read

January 08, 2020 | New York Law Journal

In 2019, with the Democrats newly in full control of the State Senate, the Assembly and the Governor's office, New York adopted more environmental legislation than it had in more than a decade. In this edition of their Environmental Law column, Michael Gerrard and Edward McTiernan report on these developments and numerous other laws targeting environmental concerns.

By Michael B. Gerrard and Edward McTiernan

9 minute read