ProGov21 Policy Library

2010 Developments Under State Environmental Quality Review Act

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....

Funding Local Government Acquisition of Open Lands in New York State Part I

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...

'American Electric Power' Leaves Open Many Questions for Climate Litigation

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...

The International Comparative Legal Guide to: Environment Law 2010

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...

The Other Environmental Regulators: How States Unevenly Enforce Pollution Laws

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...

Local Law Provisions for Climate Change Adaptation

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. The...

New York Environmental Legislation and Regulations in 2013

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...

The Law on What Documents Scientists Must Keep and Disclose

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, Environment & Natural Resources

Recently, several climate scientists have received demands to produce their raw data, working notes, e-mails, letters, or other communications. These demands come in the form of subpoenas, U.S. Freedom of Information Act requests, or requests during litigation. This article features...

The Effect of NEPA Outside the Courtroom

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...

Annual Review of Developments Under SEQRA

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...

New York Environmental Legislation and Regulations in 2010

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...

The Art of Environmental Consensus Building: A Personal Perspective on the Evolution of Brownfields Legislation in New York

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...

Increasing Use of Renewable Energy: Legal Techniques and Impediments

Type Policy Brief or Report

Year 2011

Level National, State

State(s) All States

Source New York Law Journal

Policy Areas Energy, Environment & Natural Resources, Finance & Procurement

This report outlines legal techniques that have been developed to increase the use of renewable energy. States can adopt renewable portfolio standards; impose a price on burning fossil fuels; provide tax incentives for renewables; require electric utilities to purchase renewable energy;...

New York's High Court Creates Another Obstacle For Property Owners Asserting Regulatory Takings Claims

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...

Governor Cuomo Proposes $3 Billion 'Restore Mother Nature' Bond Act

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...

2011 West Homestead Ordinance 659 Banning Natural Gas Extraction

Type Policy Brief or Report

Year 2011

Level City or Town, County, State

State(s) Pennsylvania

Source Borough of West Homestead

Policy Areas Economic Justice, Environment & Natural Resources

This ordinance establishes a bill of rights which protects the rights of communities and citizens' rights to clean and accessible water sources, a sustainable energy future, and self-government. It also bans commercial natural gas extraction and restricts the legal authority of corporations...

New York Environmental Legislation in 2018

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...

Against Ecocide: Legal Protection for Earth

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...

Enacting SEQRA: The Legislative Debates and a 25-Year Look Back

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...

Litigation Under SEQRA Declining, Exemption Use Is Rising

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...

A Handbook for Integrated Water Resources Management in Basins

Type Policy Brief or Report

Year 2009

Level City or Town, County, National, Other Boards and Agencies, State

State(s) All States

Source Global Water Partnership

Policy Areas Environment & Natural Resources

This handbook outlines how regional governments can establish basin management systems, finance infrastructure development and operations, involve stakeholders, develop long-term planning strategies, and organize collaborative data and monitoring systems. It examines how local governments...

Increasing Energy Efficiency: Legal Techniques and Impediments

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...

Coal-Fired Power Plants Dominate Climate Change Litigation

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...

The Role of The Attorney General in Environmental Enforcement

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...

Illinois Gun Owners' Safety and Responsibility Ordinance

Type Policy Brief or Report

Year 2011

Level City or Town

State(s) Maryland

Source Town of Mountain Lake Park

Policy Areas Environment & Natural Resources, Health

This ordinance prohibits the future extraction of natural gas in the city of Mountain Lake Park, and establishes a bill of rights which includes the civil rights of local natural ecosystems, the right to a sustainable energy future for city residents, and the right to self government....

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