Michael B. Gerrard

May 14, 2015 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard reviews the recently enacted Energy Efficiency Improvement Act of 2015 and other pending energy-efficiency legislation, including some that would worsen energy efficiency, such as the House appropriations bill for the Department of Energy, the Army Corps of Engineers and other agencies for fiscal year 2016.

By Michael B. Gerrard

9 minute read

May 13, 2015 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard reviews the recently enacted Energy Efficiency Improvement Act of 2015 and other pending energy-efficiency legislation, including some that would worsen energy efficiency, such as the House appropriations bill for the Department of Energy, the Army Corps of Engineers and other agencies for fiscal year 2016.

By Michael B. Gerrard

9 minute read

March 12, 2015 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard writes: The large and growing volume of litigation in the U.S. courts about climate change has received an avalanche of analysis in the professional and academic literatures. In contrast, climate litigation outside the United States is little known on these shores and has gotten far less attention.

By Michael B. Gerrard

12 minute read

March 11, 2015 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard writes: The large and growing volume of litigation in the U.S. courts about climate change has received an avalanche of analysis in the professional and academic literatures. In contrast, climate litigation outside the United States is little known on these shores and has gotten far less attention.

By Michael B. Gerrard

12 minute read

January 15, 2015 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard writes: Governor Andrew Cuomo signed new laws in 2014 regarding climate change adaptation, invasive species, chemical regulation, wildlife, and hazardous substances. However, there was no comprehensive legislative reform of the Brownfield Cleanup Program.

By Michael B. Gerrard

14 minute read

January 14, 2015 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard writes: Governor Andrew Cuomo signed new laws in 2014 regarding climate change adaptation, invasive species, chemical regulation, wildlife, and hazardous substances. However, there was no comprehensive legislative reform of the Brownfield Cleanup Program.

By Michael B. Gerrard

14 minute read

November 13, 2014 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard writes that New York has moved into the front rank of states in legally mandating that future climate change be considered in decisions by state agencies. The Community Risk and Resiliency Act merely requires consideration of climate change; it does not demand any particular outcome. However, it makes climate impacts an important part of the decision-making process, much as nearly 40 years ago SEQRA made environmental considerations an important part of many state and local processes.

By Michael B. Gerrard

12 minute read

September 11, 2014 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard reviews the three major theories that are being advanced by industries and states opposing the Clean Power Plan, which would use an existing section of the Clean Air Act to reduce emissions from existing coal-fired power plants.

By Michael B. Gerrard

13 minute read

July 10, 2014 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard writes that 2013 was a miserable year for those bringing SEQRA cases. The courts issued 38 decisions, the third-lowest number since 1990, and in only one case that reached a final decision did plaintiffs prevail. Notably, ten of the decisions were dismissed because the plaintiffs were found to lack standing to sue.

By Michael B. Gerrard

14 minute read

May 08, 2014 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard writes: Many states have been taking steps to increase the use of renewable energy sources. However, because electricity is a commodity in interstate commerce and electrons once on the grid do not respect state borders, these efforts have begun to collide with the dormant Commerce Clause and related constitutional doctrines.

By Michael B. Gerrard

14 minute read