Want to get rid of that ten-year-old computer or monitor? Don’t just toss it out with the general trash if you live or work in New York. New York requires recycling of electronic equipment, known as e-waste. According to a recent report issued by the NYS Department of Environmental Conservation, the State’s e-waste recycling program
The Tide Has Turned: Southampton Trustees’ Appeal to Regulate Shoreline Structures Denied
Villages of Quogue and West Hampton Dunes – The New York Court Of Appeals recently rejected the Town of Southampton Trustees’ appeal to regulate structures along the shoreline in the incorporated villages of the Town. The cases involved parallel Second Department decisions in the villages of Quogue and West Hampton Dunes, where homeowners constructed shoreline-protecting
Regulating Sea-Level Rise In New York
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
DEC’s Proposed Changes To Bulk Storage Rules Will Impact 40,000 Facilities In New York
The New York State Department of Environmental Conservation (“DEC”) proposed changes to update and consolidate its petroleum bulk storage (“PBS”) and chemical bulk storage (“CBS”) regulations. These changes will affect as many as 40,000 facilities in the state. The DEC contends that its proposed regulations will make compliance easier and cheaper.
New York’s current regulations
Couple’s Dream of a Family Winery Crushed by Zoning Board Decision
A Southold couple’s dream to build a winery and continue operating a tasting room at their Old North Road residence seems all but lost after a recent ruling of the Southold Town Zoning Board of Appeals. The Town Zoning Board denied their requests for variances that would allow the winery and tasting room to operate