Imagine walking along Jones Beach, dipping your toes into the cool ocean water. Now imagine that ocean six feet higher. Scientists project that by 2100, sea levels along New York’s coastlines and estuaries likely will be 18 to 50 inches higher than they presently are. One New York State-funded research study predicted that sea levels
Southampton Trustees’ Jurisdiction Erodes
Like waves hitting a sandcastle, the Appellate Division, Second Department, dealt a serious blow to the perceived authority and jurisdictional reach of the Southampton Town Trustees in three recent decisions, (Semlear v. Incorporated Village of Quogue, 2015 NY Slip Op 03345 (April 22, 2015), Semlear v. Albert Marine Construction, 2015 NY Slip Op
MS4 General Permit Is Upheld By The New York Court of Appeals
On May 5, 2015, the New York Court of Appeals upheld a 2010 general permit issued by the New York State Department of Environmental Conservation (NYSDEC) for municipal separate storm sewer systems (known as MS4s). The case, In The Matter of Natural Resources Defense Council, Inc. v NYSDEC, 2015 NY Slip Op 03766
Ripeness Ruling Defies Rationale of Court’s Decision
In Matter of Ranco Sand & Stone Corp. v. Vecchio, 124 A.D.3d 73 (2nd Dept. 2014), the Appellate Division, Second Department, recently held that the issuance of a positive declaration under the New York State Environmental Quality Review Act (“SEQRA”) did not constitute a matter ripe for judicial review, but rather was merely
Third Department Clarifies its Position Regarding Review of Environmental Impacts by Involved Agencies
In its recent decision in Troy Sand & Gravel Co., Inc. v. Town of Nassau, 125 A.D.3d 1170, __N.Y.S2d__, 2015 WL 685968 (3d Dept. 2015) the Appellate Division, Third Department held that the Town of Nassau, having zoning authority with respect to a special permit and site plan review over a proposed mining operation could
New York’s Municipal Separate Storm Sewer Systems (MS4) General Permit Rests With The New York Court of Appeals
On March 24, 2015, the New York Court of Appeals heard oral argument on a case challenging how municipal separate storm sewer systems (known as MS4s) are regulated by the New York State Department of Environmental Conservation (NYSDEC). The Court of Appeals will decide whether the federal Clean Water Act (CWA) is violated by the