Michael B. Gerrard

May 12, 2016 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan review the major provisions of the Safe Drinking Water Act, discuss the EPA's approach to setting "maximum contaminant levels" and describe the framework for implementation and operator responsibility here in New York State.

By Michael B. Gerrard and Edward McTiernan

22 minute read

March 10, 2016 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write that the Paris Agreement that will be opened for signature on April 22 contains specific requirements for monitoring, reporting and verification; those were authorized when the U.S. Senate ratified the original climate treaty in 1992. Beyond that it is mostly aspirational, with no binding, country-specific commitments to reduce emissions or provide financing. Nonetheless, it has significant legal and operational ramifications for many U.S. businesses.

By Michael B. Gerrard and Edward McTiernan

11 minute read

January 14, 2016 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write that among other significant developments in 2015, long-awaited reform of New York's Brownfield Cleanup Program emerged from the annual budget process, extending the availability of tax credits for 10 years and changing the eligibility criteria. Governor Cuomo also signed new laws regarding the Oil Spill Fund, water pollution controls, energy, and hazardous waste program fees.

By Michael B. Gerrard and Edward McTiernan

11 minute read

January 13, 2016 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write that among other significant developments in 2015, long-awaited reform of New York's Brownfield Cleanup Program emerged from the annual budget process, extending the availability of tax credits for 10 years and changing the eligibility criteria. Governor Cuomo also signed new laws regarding the Oil Spill Fund, water pollution controls, energy, and hazardous waste program fees.

By Michael B. Gerrard and Edward McTiernan

11 minute read

November 09, 2015 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write: Despite the fact that it lacks any refining capacity, New York State has become a hub for the movement of crude oil by rail. This article will examine the general scheme for controlling the movement of hazardous cargo such as crude oil by rail and the role that New York is playing in the environmental regulation of this activity.

By Michael B. Gerrard and Edward McTiernan

11 minute read

November 06, 2015 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write: Despite the fact that it lacks any refining capacity, New York State has become a hub for the movement of crude oil by rail. This article will examine the general scheme for controlling the movement of hazardous cargo such as crude oil by rail and the role that New York is playing in the environmental regulation of this activity.

By Michael B. Gerrard and Edward McTiernan

11 minute read

September 10, 2015 | New York Law Journal

On June 29, 2015, the U.S. Supreme Court struck down an EPA rule on mercury from power plants. This column discusses the background and context of the case, "Michigan v. EPA," noting that the case is "less significant for its effect on mercury emissions than for what it says about the court's deference to EPA in cases of statutory ambiguity."

By Michael B. Gerrard

12 minute read

September 09, 2015 | New York Law Journal

On June 29, 2015, the U.S. Supreme Court struck down an EPA rule on mercury from power plants. This column discusses the background and context of the case, "Michigan v. EPA," noting that the case is "less significant for its effect on mercury emissions than for what it says about the court's deference to EPA in cases of statutory ambiguity."

By Michael B. Gerrard

12 minute read

July 09, 2015 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard writes: The issue of whether plaintiffs have standing to sue under SEQRA continued to bedevil the courts in 2014. Additionally, in an unusual number of cases, courts overturned governmental rejections of projects, and considered whether changes to unbuilt projects since the environmental review was conducted warranted new review.

By Michael B. Gerrard

14 minute read

July 08, 2015 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard writes: The issue of whether plaintiffs have standing to sue under SEQRA continued to bedevil the courts in 2014. Additionally, in an unusual number of cases, courts overturned governmental rejections of projects, and considered whether changes to unbuilt projects since the environmental review was conducted warranted new review.

By Michael B. Gerrard

14 minute read