Law Commons^™

New York's Green Amendment: The First Decisions, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

On Nov. 2, 2021, the voters of New York by a margin of more than 2-1 approved an environmental rights amendment to the Bill of Rights in the New York State Constitution. Article I Section 19 reads in its entirety: “Environmental Rights. Each person shall have a right to clean air and water, and a healthful environment.” In the little more than a year since then, one of the great questions in New York environmental law has been — what does this mean? It looks significant, but just how much? That is left to the courts to decide. We now …

Survey Of 2022 Cases Under State Environmental Quality Review Act, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

The courts in New York issued 43 opinions in 2022 under the State Environmental Quality Review Act (SEQRA). Of these, the largest number — 27 — upheld agency decisions not to prepare an environmental impact statement (EIS), and eight overturned such decisions. Six cases upheld actions that had been the subject of an EIS; none overturned such actions. Two cases can’t be classified in this fashion.

These numbers are in line with the longstanding pattern that a project’s greatest litigation vulnerability under SEQRA is the failure to prepare an EIS; if an EIS has been prepared, very rarely will the …

Ny, New Jersey Adopt Laws Requiring Flood Risk Disclosure For Homebuyers, Tenants, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

In the wake of several incidents of unprecedented rainfall and disastrous flooding, both New York and New Jersey have adopted laws requiring the sellers of residential properties to tell buyers, and landlords to tell tenants, about known flood risks. The New Jersey law also requires disclosures in commercial transactions. A New York enactment also eliminates the commonlyused ability of sellers to avoid making property disclosures (not only about flood risk) by taking $500 off the purchase price.