University of Wisconsin–Madison

ProGov21 Policy Library

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Year
Type Policy Brief or Report
Year 2014
Level State
State(s) New York
Source New York Law Journal
Policy Areas Democracy & Governance, Environment & Natural Resources, Energy
This annual survey describes new environmental laws that were signed into law in 2010 in New York, as well as two executive orders issued by Governor David A. Paterson and important new regulations from the New York State Department of Environmental Conservation concerning endangered...

Type Policy Brief or Report
Year 2000
Level State
State(s) New York
Source Arnold & Porter
Policy Areas Democracy & Governance, Environment & Natural Resources
With the passing of the New York State brownfields legislation, the author, Linda Shaw, gives her insight into the legislation and the compromises made within the adopted legislative proposal. The article begins with Shaw's personal perspective on early New York State brownfields...

Type Policy Brief or Report
Year 2000
Level State
State(s) New York
Source Arnold & Porter
Policy Areas Democracy & Governance, Environment & Natural Resources
In 'Bonnie Briar Syndicate, Inc. v. The Town of Mamaroneck', the Court rejected a property owner's claim that the Town of Mamaroneck's rezoning of a golf course from single-family residential to private recreational use effected a taking of property requiring just compensation under...

Type Act or Session Law
Year 2020
Level State
State(s) New York
Source New York Law Journal
Policy Areas Democracy & Governance, Environment & Natural Resources
In recent months, Gov. Andrew Cuomo has started a campaign to pass legislation that would give voters the chance to approve a $3 billion environmental bond act. The 'Restore Mother Nature Bond Act' is designed to complement New York's ambitious Climate Leadership and Community Protection...

Type Policy Brief or Report
Year 2019
Level Other Boards and Agencies
State(s) New York
Source New York Law Journal
Policy Areas Democracy & Governance, Environment & Natural Resources, Energy, Health
In 2018, New York State enacted a Drug Take Back Act in response to environmental and public health concerns about improper disposal of unused drugs. Another enactment gave the Department of Health greater discretion in enforcement actions against landlords that do not take adequate...

Type Policy Brief or Report
Year 2016
Level National
State(s) All States
Source Tellus Institute
Policy Areas Democracy & Governance, Environment & Natural Resources
As states and corporations continue to harm the planet, legal experts and citizens are calling for the codification of ecocide as a fifth crime against peace, joining genocide, crimes of agression, crimes against humanity, and war crimes. Initiatives to criminalize ecocide express...

Type Policy Brief or Report
Year 2000
Level State
State(s) New York
Source Arnold & Porter
Policy Areas Democracy & Governance, Environment & Natural Resources
Between 1970 and 1975, New York enacted over a dozen new environmental laws, including the codification of the Environmental Conservation Law, the adoption of the Tidal Wetlands Act, and the creation of the Adirondack Park Agency. Although the early 1970s brought many new environmental...

Type Policy Brief or Report
Year 2015
Level Other Boards and Agencies
State(s) All States
Source New York Law Journal
Policy Areas Democracy & Governance, Environment & Natural Resources
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...

Type Act or Session Law
Year 2011
Level State
State(s) New York
Source New York Law Journal
Policy Areas Democracy & Governance, Environment & Natural Resources, Energy
The New York State Legislature on June 22, 2011, overwhelmingly passed the Power NY Act of 2011. Governor Andrew Cuomo signed it on Aug. 4. The new law revives Article X of the Public Service Law after a nearly nine-year hibernation. As before, the law creates a one-stop, state-led...

Type Policy Brief or Report
Year 2000
Level City or Town
State(s) New York
Source Arnold & Porter
Policy Areas Democracy & Governance, Environment & Natural Resources
As development pressures mount, local governments throughout the State of New York are searching for methods of retaining the open character of their communities. In most of these communities, the search for ways to preserve open lands includes an analysis of the extensive authority...

Type Policy Brief or Report
Year 2010
Level Other Boards and Agencies
State(s) All States
Source Global Legal Group
Policy Areas Democracy & Governance, Environment & Natural Resources, Energy
This legal guide provides a synopsis of U.S. Environmental law in 2010 oriented towards the international business community. It discusses a number of topics including, but not limited to, environmental policy and enforcement, environmental permits, waste, liabilities, and contaminated...

Type Policy Brief or Report
Year 2021
Level State
State(s) All States
Source Good Jobs First
Policy Areas Environment & Natural Resources
Upon the creation of the Clean Air Act, the Clean Water Act and the Toxic Substances Control Act, Congress granted the EPA primary responsibility for meeting anti-pollution goals, but allowed the EPA to delegate enforcement authority to state agencies. However, some state enforcement...

Type Policy Brief or Report
Year 2016
Level State
State(s) New York
Source Sabin Center for Climate Change Law
Policy Areas Democracy & Governance, Environment & Natural Resources
In September 2014, New York enacted the Community Risk and Resiliency Act (CRRA), which requires in part that the New York Department of State and the Department of Environmental Conservation create model local laws relating to climate adaptation for use by local governments. In an...

Type Policy Brief or Report
Year 2014
Level State
State(s) New York
Source New York Law Journal
Policy Areas Democracy & Governance, Environment & Natural Resources, Energy
New laws were signed by Governor Andrew Cuomo in 2013 regarding notice requirements in the Brownfield Cleanup Program, Bottle Bill enforcement, mercury thermostats, oversized lobsters, shark fins, and Eurasian boars, among other things. On the regulatory front, the state promulgated...

Type Policy Brief or Report
Year 2009
Level Other Boards and Agencies
State(s) All States
Source Environmental Law Institute
Policy Areas Democracy & Governance, Environment & Natural Resources
The central purpose of the National Environmental Policy Act (NEPA) is to improve governmental decision making by making relevant information available to officials and by ensuring that everyone affected by the decisions is given a voice. In this article, Michael Gerrard focuses on...

Type Policy Brief or Report
Year 2012
Level Other Boards and Agencies
State(s) All States
Source Environmental Law Institute
Policy Areas Democracy & Governance, Environment & Natural Resources
This publication is a part of a broader project to strengthen legal capacities in Mexico regarding climate mitigation and the transition to a low carbon economy. This publication presents a full English translation of Mexico's General Climate Change Law and sets the stage for deeper...

Type Policy Brief or Report
Year 2011
Level Other Boards and Agencies
State(s) All States
Source Global Legal Group
Policy Areas Democracy & Governance, Environment & Natural Resources, Energy
This legal guide provides a practical cross-border insight into environment and climate change law oriented towards the international business community. It discusses a range of topics including, but not limited to, contaminated land, waste, liabilities, asbestos, and emissions trading....

Type Policy Brief or Report
Year 2000
Level State
State(s) New York
Source Arnold & Porter
Policy Areas Democracy & Governance, Environment & Natural Resources
This article outlines how the New York State Attorney General can use state and federal statutes to enforce environmental rights and remedies to balance the protection of New York's extraordinary natural resources and the public health on the one hand, and its economic engine on...

Type Policy Brief or Report
Year 2019
Level Other Boards and Agencies
State(s) New York
Source New York Law Journal
Policy Areas Democracy & Governance, Environment & Natural Resources
The courts decided 46 cases under the State Environmental Quality Review Act (SEQRA) in 2018. However, the most important action under SEQRA was in the Legislature, followed by the state Department of Environmental Conservation. This column analyzes these developments, specifically...

Type Policy Brief or Report
Year 2010
Level State
State(s) New York
Source New York Law Journal
Policy Areas Democracy & Governance, Environment & Natural Resources
The State Environmental Quality Review Act (SEQRA), the statute that requires the preparation of environmental impact statements for discretionary actions by state and local governments, has long been the most generative source of environmental litigation in New York. The following...

Type Policy Brief or Report
Year 2009
Level Other Boards and Agencies
State(s) All States
Source New York Law Journal
Policy Areas Democracy & Governance, Environment & Natural Resources
Litigation aiming to reduce emissions of greenhouse gases is coming to be dominated by battles over coal-fired power plants. Ten of the last 20 judicial or administrative decisions or case filings in matters aiming to reduce emissions of Greenhouse Gasses (GHGs) have concerned such...

Type Policy Brief or Report
Year 2012
Level Other Boards and Agencies
State(s) All States
Source Eos, Transactions, American Geophysical Union
Policy Areas Democracy & Governance
Recently, several climate scientists have received demands to produce their raw data, working notes, e-mails, letters, or other communications. These demands may come in the form of subpoenas, U.S. Freedom of Information Act requests, or requests during litigation. This article is...

Type Policy Brief or Report
Year 2011
Level Other Boards and Agencies
State(s) New York
Source New York Law Journal
Policy Areas Democracy & Governance, Environment & Natural Resources
The courts decided 37 cases under the State Environmental Quality Review Act (SEQRA) in 2010. This report analyzes these cases and finds that defendants were much more likely to win in cases where an environmental impact statement (EIS) had been prepared than when these was no EIS....

Type Policy Brief or Report
Year 2011
Level Other Boards and Agencies
State(s) All States
Source New York Law Journal
Policy Areas Democracy & Governance, Environment & Natural Resources
This article explains this Supreme Court decision which ruled that federal common law nuisance claims could not proceed because the EPA possesses ultimate authority on the regulation of carbon-dioxide emissions from power plants. From this decision, the author describes various questions...

Type Policy Brief or Report
Year 2011
Level City or Town, County, National, State
State(s) All States
Source New York Law Journal
Policy Areas Democracy & Governance, Energy, Environment & Natural Resources
Increasing energy efficiency is the most important action that can be taken to combat climate change. There are currently an abundance of legal techniques available at the federal, state and municipal levels that cumulatively could accomplish a great deal in cutting energy use, lowering...

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