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Deluge Of New York City Laws Guards Against Flooding, Protects Environment, Michael B. Gerrard
Deluge Of New York City Laws Guards Against Flooding, Protects Environment, Michael B. Gerrard
Faculty Scholarship
The last year of Michael Bloomberg’s 12-year term as mayor of New York City saw a remarkable and little-noticed deluge of new environmental laws. The City Council passed and the mayor signed more than 50 environmental bills. Over half of these laws were passed in the aftermath of Superstorm Sandy and focused on making infrastructure more resilient, improving emergency preparedness and response, and easing recovery for homeowners and businesses. In addition, laws were enacted concerning clean energy, improving energy and fuel efficiency, reducing emissions from vehicles, and strengthening the city’s recycling laws.
New York Environmental Legislation And Regulations In 2013, Michael B. Gerrard
New York Environmental Legislation And Regulations In 2013, Michael B. Gerrard
Faculty Scholarship
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 final regulations concerning New York’s participation in the Regional Greenhouse Gas Initiative and regulatory relief for certain dairy farms, and proposed regulations for liquefied natural gas facilities and invasive species.
This annual survey describes new environmental laws that were enacted in New York in 2013, as well as several significant regulatory developments. The survey identifies the laws by their chapter …
Federalism Obstacles To Advancing Renewable Energy, Michael B. Gerrard
Federalism Obstacles To Advancing Renewable Energy, Michael B. Gerrard
Faculty Scholarship
Many states have been taking steps to increase the use of renewable energy sources such as wind and solar. However, because electricity is a commodity in interstate commerce and electrons once on the grid do not respect state borders, these state efforts have begun to collide with the dormant Commerce Clause (the principle that the Constitution’s grant of authority to Congress to regulate commerce among the states also limits the ability of the states to discriminate against other states) and related constitutional doctrines.
Us Federal Climate Change Law In Obama’S Second Term, Michael B. Gerrard, Shelley Welton
Us Federal Climate Change Law In Obama’S Second Term, Michael B. Gerrard, Shelley Welton
Faculty Scholarship
This commentary details the United States’ progress in advancing climate change law since President Barrack Obama’s re-election in 2012, in spite of congressional dysfunction and opposition. It describes how the Obama administration is building upon earlier regulatory efforts by using existing statutory authority to regulate greenhouse gas emissions from both new and existing power plants. It also explains the important role the judiciary has played in facilitating more robust executive actions, while at the same time courts have rejected citizen efforts to force judicial remedies for the problem of climate change. Finally, it suggests some reasons why climate change has …
Survey Of 2013 Cases Under State Quality Review Act, Michael B. Gerrard
Survey Of 2013 Cases Under State Quality Review Act, Michael B. Gerrard
Faculty Scholarship
The courts issued 38 decisions in 2013 under the State Environmental Quality Review Act (SEQRA). This represented the third-lowest number of decisions since this annual survey began in 1990; lower numbers were found only in 2011 (35) and 2010 (37).