Stephen L Kass

April 28, 2006 | New York Law Journal

Stephen L. Kass and Jean M. McCarroll, partners at Carter Ledyard & Milburn, write that with the Bush administration maintaining its refusal to participate in the world's efforts to slow the rate at which human activities are altering the Earth's climate, U.S. environmentalists have turned to two alternative forums � state regulation and the federal courts � to try to address what are essentially global issues.

By Stephen L. Kass and Jean M. McCarroll

11 minute read

April 29, 2011 | New York Law Journal

In his International Environmental Law column, Stephen L. Kass, a partner at Carter Ledyard & Milburn, asks: If climate change concerns have led many to rethink their opposition to nuclear power, what lessons can be learned from the recent catastrophe? If nuclear power remains a likely choice for an increasing number of both developed and developing countries, what role can international law play in reducing the likelihood and consequences of future nuclear accidents?

By Stephen L. Kass

14 minute read

April 21, 2005 | New York Law Journal

Stephen L. Kass and Jean M. McCarroll, partners at Carter Ledyard & Milburn, write that from the earliest days of the National Environmental Policy Act, environmentalists have learned that splintering an environmental problem into small parts and studying only individual parts is a clever, but generally impermissible, way to avoid assessing the full impacts of governmental action.

By Stephen L. Kass and Jean M. McCarroll

7 minute read

June 15, 2009 | New York Law Journal

Stephen L. Kass, a partner at Carter Ledyard & Milburn and an adjunct professor of International Environmental Law at Brooklyn Law School, writes that the recently introduced climate change bill would, if enacted in its current form, represent a significant advance by the United States in beginning to confront climate change by limiting emissions from carbon dioxide, methane, hydrofluorocarbons and other greenhouse gases. Nevertheless the bill falls far short of the concrete commitments necessary if the United States, and the world generally, are to have any chance for meaningful progress. While the perfect must not become the enemy of the good in congressional legislation, H.R. 2454 must be only the first step in a sustained series of U.S. initiatives to spare the Earth's atmosphere, as well as its oceans, forests and freshwater resources, from the accelerating effects of climate change and to help hundreds of millions of the world's poorest people adapt to the consequences of past, present and future industrial development.

By Stephen L. Kass

12 minute read

December 26, 2008 | New York Law Journal

Stephen L. Kass and Jean M. McCarroll, partners at Carter, Ledyard & Milburn, write that on Dec. 16, a coalition of 30 environmental organizations, most of which rarely work together, submitted to President-elect Barack Obama a report proposing a comprehensive environmental agenda for the new U.S. administration, including specific legislative recommendations and budgetary estimates and proposed first-100-day actions for the Council on Environmental Quality, the Environmental Protection Agency, the Office of Management and Budget, the Office of Science and Technology, the National Oceanic and Atmospheric Administration and the departments of Defense, Agriculture, Education, Energy, Health and Human Services, Homeland Security, Interior, Justice, State, Transportation and Treasury.

By Stephen L. Kass and Jean M. McCarroll

15 minute read

December 23, 2005 | New York Law Journal

Stephen L. Kass and Jean M. McCarroll, partners at Carter Ledyard & Milburn, review the environmental record of U.S. Supreme Court nominee Judge Samuel Alito. Although Judge Alito has been a judge for 15 years, far longer than Justice Roberts' brief service on the D.C. Circuit court, and has decided many more environmental cases, it is no easier to predict his role in shaping environmental jurisprudence on the Supreme Court.

By Stephen L. Kass and Jean M. McCarroll

11 minute read

November 03, 2005 | New York Law Journal

Stephen L. Kass and Jean M. McCarroll, partners at Carter Ledyard & Milburn, ask: How should the environmental community, and environmental lawyers in particular, respond to the widespread devastation visited by Hurricane Katrina on New Orleans and large stretches of the Gulf Coast in Louisiana, Mississippi and Alabama?

By Stephen L. Kass and Jean M. McCarroll

10 minute read

April 25, 2008 | New York Law Journal

Stephen L. Kass and Jean M. McCarroll, partners at Carter Ledyard & Milburn, argue in favor of congestion pricing, writing that future plans to implement it in New York City will need to respond more persuasively to both procedural and substantive objections to the recently defeated Bloomberg proposal, and suggesting a few amendments for the next proposal.

By Stephen L. Kass and Jean M. McCarroll

9 minute read

April 25, 2002 | New York Law Journal

O n remand from the Supreme Court, the U.S. Court of Appeals for the D.C. Circuit recently denied petitions for review of the pending ozone and fine particulate matter air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) in 1997, finding that the EPA`s promulgation of the new standards was neither arbitrary nor capricious. After a tumultuous five years in which both the regulated community and the environmental community have waited, not knowing whether the strict new standard

By Stephen L. Kass And Jean M. MccarrollEpa Air Quality Standards Upheld

15 minute read

April 24, 2009 | New York Law Journal

examines the enforcement of environmental impact assessment mitigation commitments by international financial institutions and the European Union and then suggests three alternative approaches to improve both the monitoring and enforcement of those commitments and, by extension, the effectiveness of the EIA process.

By Stephen L. Kass

14 minute read