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New York's Highest Court Upholds New York Hazardous Waste Regulations: Feb-01-2012 — On December 15, 2011 the New York State Court of Appeals rejected an industry group's challenge to the current New York State Department of Environmental Conservation (NYSDEC) hazardous waste cleanup regulations (6NYCRR Part 375), holding that NYDEC acted within its authority to require cleanups to so-called "pre-disposal" conditions. More...
NYSDEC’s Proposed Regulations Provide Restrictions on Gas Well Locations; Guidelines for Water Well Usage: Jan-17-2012 — This Alert provides an analysis of the components of the proposed regulations that restrict the location of natural gas wells, and the permit application disclosure requirements related to drinking water well testing and water sources to be used in the fracturing process. More...
Case Summary: Jaeckle Prevails in Federal Appeal of Superfund Case: Jan-11-2012 — Jaeckle Fleischmann's environmental practice group recently won a significant victory on behalf of its client, Solvent Chemical Company, Inc. ("Solvent") when it obtained a Decision and a separate Summary Order from the United States Court of Appeals for the Second Circuit in New York v. Solvent Chemical Company, Inc., et al. (Docket No. 10-2026-cv (L)) (December 19, 2011) More...
Empire State Development Application Deadline Approaches for Establishing Land Banks: Dec-14-2011 — After years of debate and false starts, New York's much anticipated Land Bank Act was enacted in July 2011, and now Empire State Development ("ESD"), the public benefit corporation charged with responsibility for overseeing the creation of the State's land banks, has issued guidelines governing the application and approval process and set a deadline of March 30, 2012 for the first round of approvals. More...
Proposed NYSDEC Regs Guard Against Contributing Factors in Wyoming Hydraulic Fracturing Groundwater Case: Dec-09-2011 — The USEPA draft report on groundwater contamination in Wyoming caused by high volume hydraulic fracturing (HVHF) is being strongly questioned by Industry regarding the connection between the contamination and HVHF. The USEPA report is still in draft form, so the conclusions may change. Nonetheless, the draft report may have lessons for New York State. A closer look at the same scenario in New York State demonstrates that several HVHF More...
Marcellus Matters: A Series of Alerts on NYS Proposed Drilling Regulations: Dec-02-2011 — The early complaint by environmental groups that Marcellus Shale Gas development and high volume hydraulic fracturing was somehow exempt from environmental regulation has largely disappeared – and the resulting amount of regulation of these activities in New York state will be significant. More...
New York State Creates Statewide Water Supply Permit Program: Aug-17-2011 — The New York State Legislature passed a new Bill during the most recent session that significantly expands the statewide water permit system. When signed into law, Bill S3798 will cover large withdrawals of surface water or groundwater not already regulated by the Delaware or Susquehanna River Basin Commissions and will be administered by the New York State Department of Environmental Conservation (DEC). More...
The Power NY Act of 2011: New Power Facility Siting Regulations Under Article X: Jul-28-2011 — The New York state legislature recently passed the Power NY Act of 2011, finally reinstating the state's long expired power plant siting law, known as Article X of the Public Service Law. More...
NYS Smart Growth Act Sets New Requirements for State Funded Development Projects: Dec-08-2010 — The New York State Smart Growth Public Infrastructure Policy Act was signed into law by Governor David Paterson and became effective on September 29, 2010. This new law is intended to minimize "unnecessary costs of sprawl development" by requiring most state agencies and public authorities to consider and evaluate the extent to which projects approved, undertaken or funded by the State are consistent with "smart growth public infrastructure criteria" and More...
Court of Appeals Decision Opens New Opportunities for the NYS Brownfield Cl: Jul-27-2010 — Eligibility into the tax credit-rich Brownfield Cleanup Program (BCP) has been eased by the New York State Department of Environmental Conservation (NYSDEC) due to a recent New York Court of Appeals decision in LighthousePointe Property Assoc. v. NYSDEC, 14 NY3d 161 (2010). If a site exceeds cleanup standards, it appears that the site is now eligible for inclusion into the program. This ease of eligibility returns the BCP to its earlier days, when NYSDEC was eager to get sites into the Pro More...
Jaeckle Secures $5 Million for ICC in Settlements & Judgment of Superfund C: Feb-03-2010 — Jaeckle Fleischmann's Environmental practice group recently secured a court order for payments totaling over $2.5 million in the successful representation of Solvent Chemical Company and its parent company ICC Industries, Inc. in a Superfund case. More...
New Law Alters Consolidation & Dissolution Procedures for NYS Towns & Villa: Dec-10-2009 — In June 2009, the Governor signed into law the NY Government Reorganization and Citizen Empowerment Act of 2009, which will take effect on March 21, 2010. The new law dramatically alters the procedures by which most (but not all) local government entities (including towns, villages and various special districts) may be consolidated and/or dissolved. More...
Recent Court of Appeals Ruling Could Spawn more SEQRA Lawsuits: Nov-04-2009 — On October 27, 2009, the Court of Appeals held in Save the Pine Bush, Inc. v. Common Council of the City of Albany that standing to challenge the environmental impact of a proposed development need not be confined to residents or neighbors of the proposed project location, but can be extended to anyone who can "prove that he or she uses and enjoys a natural resource more than most other members of the public." More...
New Environmental Due Diligence Standards: Oct-07-2009 — ASTM International, a global standards development organization, recently issued standards regarding site assessments of forestland and rural property and chemical subsurface building contamination. These standards will have significant impact on transactions involving changes in property ownership or operations. More...
Economic & Land Development Alert: Climate Change Enters the Regulatory Lan: Apr-09-2009

Articles

WBFO Covers Jaeckle Marcellus Shale Forum: Dec-29-2011 — The economic success stories from states that have opened their doors to Marcellus Shale drilling are compelling. As New York State completes its regulatory due diligence, businesses in all sectors are considering how this new industry may shape their strategic growth plan. Executive leaders of local companies were invited to attend a discussion focused on the business aspects of drilling and the opportunities. More...
Buffalo Law Journal Article - Falls chem company wins $2.5M judgment: Feb-11-2010 — In a case that has entered its fourth decade of legal wrangling, lawyers representing Solvent Chemical Co. and its parent company, ICC Industries Inc., won a $2.5 million judgment tied to the cleanup of Solvent's former chemical facility in Niagara Falls. More...
New Law Alters Consolidation & Dissolution Procedures for NYS Towns & Villa: Dec-14-2009 — In June 2009, the Governor signed into law the NY Government Reorganization and Citizen Empowerment Act of 2009, which will take effect on March 21, 2010. The new law dramatically alters the procedures by which most (but not all) local government entities (including towns, villages and various special districts) may be consolidated and/or dissolved. More...
Environmental FYI: CERCLA's Settlement Minefield: Apr-02-2009 — A well established mechanism that has enabled small parties to quickly settle environmental liabilities at multi-party cleanup sites is threatened by a dramatic shift in federal environmental liability jurisprudence. More...

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Petroleum Law Bulletin August 2003: Aug-20-2003