Like the sunrise every morning, one thing is certain: there will always be people displeased with a municipal board’s decision-making. If a legal challenge to a municipal board decision happens, the administrative record that the board created for that decision is critically important. Municipal boards, such as planning boards, zoning…

Today, the resolution of legal disputes — especially those involving land use and environmental laws, municipal decision-making, and community development projects impacting communities — often lead parties towards the courtroom. Given the costs of litigation, an increasing number of people and entities are turning towards mediation as a viable and…

New York State is home to diverse communities, each with its unique charm and character. Sometimes, development projects come knocking at our doors, bringing change that can disrupt our environment, neighborhoods, and way of life. In this blog post, we’ll explore how regular folks can effectively organize against development projects…

New York’s State Environmental Quality Review Act (SEQRA) ensures that any state or local governmental decisions which may impact the environment are given due consideration. It’s a law that touches on various aspects of community life, from new construction to the adoption of land use plans. But what exactly triggers…

In a progressive move towards streamlining the civil litigation process, New York State Governor Hochul recently signed into law bills that amend the New York Civil Practice Law & Rules (CPLR) Section 2106, marking a pivotal shift in the procedural dynamics of civil litigation. Effective from January 1, 2024, the…

In an historic move, New York City is setting the stage for transformative change through comprehensive zoning reforms, collectively known as the “City of Yes” initiative.[1] This approach aims to address some of the city’s most pressing issues, including the housing crisis, the need for sustainable development, and the aspiration…

Upstate New York has the opportunity to enter a technological renaissance. In late October, the federal government, authorized by the CHIPS and Science Act, designated Syracuse, Rochester, and Buffalo as a national tech hub for computer chip manufacturing (NY SMART I-Corridor), and the Southern Tier for battery technologies and the…

The U.S. Environmental Protection Agency (EPA) is taking significant strides in addressing environmental and public health disparities across communities with its commitment to Environmental Justice (EJ) programs. In New York, these initiatives are receiving a substantial boost, with over $61 million in funding earmarked for projects that aim to empower…

Are you part of a homeowners’ association (HOA) and considering the adoption of clean, renewable energy? Going solar as an HOA or as a homeowner within an HOA may be the right choice for you. As the world increasingly prioritizes sustainable energy solutions, HOAs are also looking to harness the…

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…

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…

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…

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.

In Montana,…

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…

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…

A timely opinion article published by The Hill on June 10, 2020 reminds us of the ways that environmental justice issues are intertwined with the institutionalized disadvantages of certain groups, typically along racial and socioeconomic lines. These inequalities are not just economic, nor are they limited to issues involving our…

In response to inquiries on essential construction activities under Gov. Andrew M. Cuomo’s Executive Order 202.13 and Executive Order 202.6 limiting exempt construction activities to “essential” and emergency constriction, New York State Department of Environmental Protection’s (DEC) Division of Environmental Remediation issued guidance identifying the following…

Were you affected by the 2019 flooding along Lake Ontario or the St. Lawrence River? A new government program may be able to help.

New York State recently launched the 2019 Lake Ontario-St. Lawrence River Flood Relief and Recovery Program to help homeowners affected by the “historic flooding along the…

In a May 19, 2019 blog post, I wrote about the environmental contamination at the old Tonawanda Coke Facility in Western New York. Earlier this month, the Buffalo News reported that a developer purchased the former Tonawanda Coke site, intends to redevelop the property as a computer data…

Nine years ago, for $1,200, a Dunkirk native bought a piece of land from the City of Lockport that contained a three-story, 16,000 square-foot building. His plan was to demolish the building and convert the property, which used to be an industrial power plant, into a gas station. But that…

Last week, the Commissioner of the New York State Department of Environmental Conservation (the “DEC”) announced that a Niagara County man had been sentenced for an attack on an Environmental Conservation Police Officer.¹ The attack allegedly occurred in 2018 when the defendant was driving an off-road Utility Vehicle (a “UTV”).…

Property owners, businesses and municipalities across New York State are experiencing flooding at an historic rate. The causes run the gambit from poorly maintained municipal stormwater systems to the flooding we have seen in 2017 and 2019 along Lake Ontario. Water is one of the most destructive forces of nature…

After the Tonawanda Coke plant closed, government officials and local researchers expressed concerns about the environmental impacts that chemical contamination could cause to nearby neighborhoods and the Niagara River. Those concerns were justified by the discovery of about 900,000 gallons of ammonia waste, leaking tanks, and soils contaminated with “heavy…

The United States Department of Justice (the “DOJ”) recently opened a criminal inquiry into another automobile manufacturer’s emissions-certification process.¹

In the last several years, as emissions and fuel efficiency standards have tightened, automobile companies have faced accusations of violating those standards and falsifying tests or technical data. Some have questioned…

Earlier this year, the New York State Department of Environmental Conservation (the “DEC”) presented the results of a comprehensive environmental investigation of the Niagara Sanitation Landfill near North Tonawanda, New York¹. The Landfill had accepted a variety of waste from the surrounding community over the course of its operation from…

Greene County’s plan to construct a new jail in Coxsackie, New York raises questions about how the proposed project will impact the environment and nearby residents. The project has made news recently as politicians and the public debate the size and cost of the proposed facility.¹ According to recent reporting,…

The United States Environmental Protection Agency (“EPA”) and the Army Corps of Engineers have proposed a new definition of Waters of the United States in an attempt to clarify federal authority under, and applicability of, the Clean Water Act (“CWA”)¹. The deadline for submitting public comment on that proposed definition…

The Coast Guard and the New York State Department of Environmental Conservation (the “DEC”) are investigating tar balls and oil sheen that were found at Coney Island and along Long Island beaches in March, 2019¹.

According to the Coast Guard, oil found in the Arthur Kill waterway may have come…

The Town of Carmel’s “decision to dump mounds of asphalt millings eight feet high near the … shore [of Lake Mahopac]” sparked an Investigation by the New York State Department of Environmental Conservation (the “DEC”)¹. That’s because a January 2019 DEC ruling prohibited the use of asphalt milling as fill…