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Balancing a State's Right to Regulate Energy Policy in the Face of Federal Preemption Laws

Oct. 31st, 2023 10:00 am

In a landmark decision, the Ninth Circuit recently struck down Berkeley, California’s ambitious natural gas ban. The ruling sent shockwaves through the nation as it rekindled the debate over the role of natural gas in our country’s energy future. This decision has far-reaching implications for both environmentalists and the energy industry, shedding light on the complexities of balancing climate goals with practical energy needs.

Navigating Environmental Enforcement in New York

Oct. 24th, 2023 10:45 am

When it comes to protecting New York State’s environment, the New York State Department of Environmental Conservation (DEC) is at the forefront. The enforcement of the state’s Environmental Conservation Law (ECL) is a complex process, and understanding its intricacies is crucial, especially if you find yourself involved in an environmental compliance matter.

Major New York State Cannabis Law Update: Key Takaways From the September 12, 2023, Cannabis Control Board Meeting

Sep. 25th, 2023 10:45 am

Major changes have come to the New York State Cannabis market. On September 12, 2023, the New York State Cannabis Control Board — which is the State body responsible for regulating the adult-use, medical, and cannabinoid hemp industries in New York — met to consider Revised Adult-Use Cannabis Regulations, the Adult-Use Cannabis Application, the Cannabis Research License Application, the Cannabis Laboratory Testing Permits, among other things. This blog will highlight some of the most significant developments from the meeting.

The Zoghlin Group PLLC Celebrates Attorneys' Inclusion on 2023 List of Super Lawyers and Rising Stars

Sep. 3rd, 2023 10:00 am

The Zoghlin Group PLLC is pleased to congratulate Senior Partner Mindy L. Zoghlin for her inclusion on Super Lawyer’s list of Top Attorneys for 2023. The Zoghlin Group is also happy to congratulate Partner Jacob H. Zoghlin for his inclusion on Super Lawyers’ list of Rising Stars for 2023.

Airbnb's Challenge to NYC's Short-Term Rental Rules Dismissed: Court Upholds Regulations

Sep. 1st, 2023 10:50 am

The landscape of short-term rentals in New York City is ever-changing, with a recent court decision adding another chapter to its evolving story. The New York State Supreme Court, in its landmark decision in “Airbnb Inc. v. New York City Mayor’s Office of Special Enforcement, New York County Index Number 154865/2023”, dismissed a lawsuit brought by Airbnb and short-term rental hosts against the city’s regulations on such accommodations.

The Power of State Constitutions: Montana's Recent Environmental Rights Ruling Explored

Sep. 1st, 2023 9:00 am

Constitutional rights form the backbone of our legal system. When these rights intersect with environmental concerns, the legal landscape becomes particularly intriguing. One such instance recently played out in Montana, offering insights and raising questions about similar provisions in state constitutions across the country, including New York State.

New York State's Green Amendment: An Examination of its Scope and Implications

Aug. 8th, 2023 12:10 pm

Effective January 1, 2022, New York State enacted a new constitutional amendment, known as the Green Amendment, or the Environmental Rights Amendment. Embedded within the New York State Constitution at Article I, Section 19, the Amendment assures each individual’s right to clean air, clean water, and a healthful environment. This significant constitutional change has drawn much attention, and it’s critical for residents, businesses, and government actors alike to understand what this amendment entails and how it might affect their interactions with the environment.

The "Seneca Meadows" Landfill Expansion Controversy in New York State

Aug. 8th, 2023 11:00 am

Every community faces a multitude of challenges. Some are more visible than others. But few issues have the capacity to create as much concern and contention as the proposed expansion of a landfill in your neighborhood. In this regard, Seneca County, New York, is no different. The ongoing controversy over the proposed expansion of the Seneca Meadows Landfill has ignited a passionate debate that extends beyond the county borders.

New York Strengthens Enforcement Against Unlicensed Cannabis Operators

Jun. 26th, 2023 12:00 pm

Governor Kathy Hochul recently signed legislation aimed at curbing the illicit cannabis market in New York State. The new law, part of the FY 2024 Budget, provides increased enforcement power to the Office of Cannabis Management (OCM) and the Department of Taxation and Finance (DTF) to crack down on unlicensed dispensaries. This blog will explain what the new law entails, why it was necessary, who has been given new powers, what those powers are, and how they will contribute to a more regulated cannabis industry in the state.

Understanding Article 78 Proceedings in New York State: Why You Need an Experienced Attorney

May. 30th, 2023 12:00 pm

If you find yourself in a dispute with a state or local administrative board, agency, or officer in New York State, you may need to take legal action to challenge their determinations. In such cases, Article 78 proceedings under the New York Civil Practice Law and Rules (the “CPLR”) come into play. In this blog, we’ll explain what an Article 78 proceeding is, why you might need one, and what must be established to prevail in such a proceeding. We’ll also discuss the importance of having an attorney represent you throughout the administrative process and during the Article 78 proceeding.

Understanding Use Variances in New York State

May. 30th, 2023 11:30 am

Zoning and land use law can be a complicated, niche area of law, and so understanding the intricacies of regulations and requirements is vitally important. One crucial tool for seeking relief from zoning restrictions in New York State is a “use variance.” This blog post explains what a Use Variance is, discusses the requirements set forth in New York State Town Law Section 267-b(2), and the importance of legal representation before a local zoning board of appeals (ZBA).

Understanding Area Variances in New York State

May. 30th, 2023 10:00 am

When it comes to zoning and land use matters, understanding the intricacies of regulations and requirements is essential. One vital tool for seeking relief from zoning restrictions in New York State is an “area variance.” This blog post discusses the definition of an Area Variance, the requirements set forth in New York State Town Law Section 267-b(3), and the importance of legal representation before the local zoning board of appeals (ZBA).

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