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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...
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...
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...
Economic & Land Development Alert: Climate Change Enters the Regulatory Lan: Apr-09-2009

Articles

Jean C. Powers featured in the Buffalo Law Review: Apr-04-2012 — The Buffalo Law Review announces that Jean C. Powers ’79 will be honored for her distinguished service to the SUNY Buffalo Law School and the SUNY Buffalo legal community at the Law Review’s 23rd Annual Dinner on April 17, 2012. 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 incentives make historic renovation more attractive: Oct-19-2009 — In 2006, New York became the 28th state in the nation to enact a tax incentive to encourage the rehabilitation of historic commercial and residential properties in rundown and abandoned areas. However, limitations imposed by the initial legislation restricted the ability of the incentive to deliver on its promise - the economic and community revitalization of these neighborhoods. More...
Business First Article - Developers Tap eco-incentives: Jun-17-2009 — Cazenovia Recovery Systems Article - Raymond Reichert & Christopher Ollinick quoted regarding eco-friendly construction and installations benefitting low-income housing projects. More...
U.S. Supreme Court: Kelo Decision on Takings: Sep-01-2005