Michael B. Gerrard

November 06, 2019 | New York Law Journal

Over the past several months both the Trump administration and courts in New York have attempted to strike a balance between the tendency of agencies to use guidance to expand their authority without the protections associated with notice and comment rulemaking. In their Environmental Law column Michael Gerrard and Edward McTiernan explore these recent developments and what they might mean as for the EPA and DEC.

By Michael B. Gerrard and Edward McTiernan

8 minute read

September 11, 2019 | New York Law Journal

Although the courts decided 46 cases under the State Environmental Quality Review Act (SEQRA) in 2018, Michael Gerrard and Edward McTiernan write that the most important action under the Act was in the Legislature, followed by the state Department of Environmental Conservation.

By Michael B. Gerrard and Edward McTiernan

8 minute read

July 10, 2019 | New York Law Journal

In their Environmental Law column, Michael Gerrard and Edward McTiernan discuss the "deep changes in the way electricity is generated, people and goods move around, and buildings are erected and renovated in New York" that will be required by the Climate Leadership and Community Protection Act, which both houses of the state Legislature have passed and Governor Andrew Cuomo has promised to sign.

By Michael B. Gerrard and Edward McTiernan

9 minute read

May 08, 2019 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan discuss the “congestion pricing” policy that will be instituted in Manhattan's Central Business District in early 2021. They address what the law provides, what is yet to be decided, and who will decide.

By Michael B. Gerrard and Edward McTiernan

8 minute read

March 06, 2019 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan compare and contrast three proposals addressing climate change and meet the goal of the Paris Climate Agreement.

By Michael B. Gerrard and Edward McTiernan

9 minute read

January 09, 2019 | New York Law Journal

In their Environmental Law column, Michael Gerrard and Edward McTiernan report on several significant environmental developments and laws enacted in 2018.

By Michael B. Gerrard and Edward McTiernan

9 minute read

November 07, 2018 | New York Law Journal

Environmental Law columnists Michael B. Gerrard and Edward McTiernan write: Heat causes more deaths in the U.S. than any other natural hazard—more than floods, hurricanes, or tornadoes. As a result of climate change, it is getting worse. This column discusses legal tools that could help cities and their residents cope with this dangerous phenomenon.

By Michael B. Gerrard and Edward McTiernan

8 minute read

September 12, 2018 | New York Law Journal

This article examines the new DEC requirements for disclosure of the contents of, and risks associated with, chemicals used in household cleaning products and also compares some of the key features of New York's requirements with those in California.

By Michael B. Gerrard and Edward McTiernan

8 minute read

July 11, 2018 | New York Law Journal

In their column on Environmental Law, Michael B. Gerrard and Edward McTiernan review the decisions issued by New York courts in 2017 under SEQRA.

By Michael B. Gerrard and Edward McTiernan

3 minute read

May 09, 2018 | New York Law Journal

Environmental Law columnists Michael B. Gerrard and Edward McTiernan address a state statute, Article X of the Public Service Law, which allows the state to override local laws that are making it more difficult for the state to meet its renewable energy goals. The authors discuss the history and contents of Article X, the case law under it and its predecessors, and how it can be used to help the construction of renewable energy facilities.

By Michael B. Gerrard and Edward McTiernan

9 minute read