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Full-Text Articles in Law
New York City Relaxing Environmental Review Rules For Housing Construction, Michael B. Gerrard
New York City Relaxing Environmental Review Rules For Housing Construction, Michael B. Gerrard
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Faced with a severe housing shortage, New York City is exempting the construction of much new housing from the environmental review processes and taking many other steps to encourage such construction throughout the city. Several of these moves will also help the transition away from fossil fuels to renewable energy.
California And Europe Require Scope 3 Climate Disclosures Despite Sec Retreat, Michael B. Gerrard
California And Europe Require Scope 3 Climate Disclosures Despite Sec Retreat, Michael B. Gerrard
Faculty Scholarship
In March 2022, the U.S. Securities and Exchange Commission (SEC) issued proposed regulations on disclosure of climate-related information by public companies, including their material Scope 3 greenhouse gas (GHG) emissions. This created a firestorm, drawing more than 24,000 comment letters.On March 6, 2024, the SEC issued its final rule, significantly narrowing the requirements and, notably, eliminating the Scope 3 disclosures. Companies that do not want to make Scope 3 disclosures should not rejoice and environmental advocates and others who do want to see such disclosures should not despair, because new requirements from both California and Europe do mandate this information …
Annual Seqra Review: Project Applicants Winning More Cases, Michael B. Gerrard
Annual Seqra Review: Project Applicants Winning More Cases, Michael B. Gerrard
Faculty Scholarship
New York courts are showing impatience with local governments that withhold or stretch out approval of projects without valid environmental grounds. In seven cases last year under the State Environmental Quality Review Act (SEQRA),courts overturned municipal actions that rejected projects or delayed approvals. In all, the courts decided 46 cases under SEQRA in 2023. Where the government agency had decided that an environmental impact statement (EIS) was not needed, that choice was upheld in 23 cases and overturned in eight. Where an EIS had been prepared, the EIS was upheld in 11 and found inadequate in only one. The remaining …
New York Falling Behind In Implementing Bold Climate Law, Michael B. Gerrard
New York Falling Behind In Implementing Bold Climate Law, Michael B. Gerrard
Faculty Scholarship
In July 2019, shortly after Gov. Andrew Cuomo signed the Climate Leadership and Community Protection Act (CLCPA), I wrote in an op-ed, “The champagne corks are still popping. But the realization is dawning that implementing the new law will be really, really hard. New York is boldly going where no state has gone before … It will take a great deal of sweat and treasure (no one knows just how much), as well as a continuation of the political will that brought us to this point.”
We still do not know how much sweat and treasure will be required, but …