Stephen L Kass

October 24, 2008 | New York Law Journal

Stephen L. Kass and Jean M. McCarroll, partners at Carter Ledyard & Milburn, write that in the public debates regarding the U.S.-Colombia Trade Promotion Agreement, labor rights have received considerably more attention than environmental issues, but a possible mechanism for addressing the TPA's environmental enforcement shortcomings might contribute to a resolution of the current confrontation between free-trade advocates who favor the TPA and those who insist that respect for labor rights must be a condition to expanded free trade.

By Stephen L. Kass and Jean M. McCarroll

13 minute read

June 25, 2004 | New York Law Journal

Stephen L. Kass and Jean M. McCarroll, partners at Carter, Ledyard & Milburn, write that the Supreme Court recently let stand a decision that could severely limit the options available to the EPA to ensure compliance with the Clean Air Act and, possibly, other federal environmental laws.

By Stephen L. Kass and Jean M. McCarroll

11 minute read

June 24, 2005 | New York Law Journal

Stephen L. Kass and Jean M. McCarroll, parters at Carter Ledyard & Milburn, write that New York's Department of State, using its powers as administrator of New York State's Coastal Management Program, effectively killed the proposal of St. Lawrence Cement to build a major new cement plant in Hudson, N.Y.

By Stephen L. Kass and Jean M. McCarroll

11 minute read

July 08, 2002 | New York Law Journal

W e have previously called attention to the growing use of private arbitration by Canadian, U.S. and Mexican investors to assert damage claims against their host governments under Chapter 11 of the North American Free Trade Agreement (NAFTA), which requires the NAFTA parties (1) to afford such investors "national treatment," (2) to comply with international law (including "fair and equitable treatment") in dealing with their investments and (3) to refrain from acting in a manner that either expropriates the

By Stephen L. Kass And Jean M. Mccarroll

12 minute read

October 27, 2006 | New York Law Journal

Stephen L. Kass and Jean M. McCarroll, partners at Carter Ledyard & Milburn, write that although the Corps has not yet revisited its regulatory definition of "waters of the United States," a new proposal appears designed to reduce the risk of future litigation challenging its jurisdictions and case-by-case determinations.

By Stephen L. Kass and Jean M. McCarroll

10 minute read

April 26, 2010 | New York Law Journal

By Stephen L. Kass

7 minute read

October 26, 2007 | New York Law Journal

Stephen L. Kass and Jean M. McCarroll, partners at Carter Ledyard & Milburn, write that experience in both developed and developing countries makes clear that successful environmental management is possible only where the rule of law is respected. This requires respect for individual rights of speech, assembly, access to governmental data and, most fundamentally, a functioning and independent judiciary to which citizens, environmental organizations and their lawyers have access without fear of retaliation.

By Stephen L. Kass and Jean M. McCarroll

10 minute read