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Last week, New York City’s Department of Environmental Protection (“DEP”) called upon New York State’s Department of Environmental Conservation (“DEC”) to rescind its Draft Supplemental Generic Environmental Impact Statement (“DSGEIS”) addressing natural gas drilling in the Marcellus Shale formation.  The Marcellus Shale formation, which contains large quantities of natural gas, extends from Ohio and West … Read Post

In a significant decision on eligibility of property for the New York Brownfield Cleanup Program (“BCP”), on Thursday, December 17, the First Department of the New York State Supreme Court, Appellate Division, held that the Department of Environmental Conservation (“DEC”) improperly excluded three Manhattan properties from the BCP that qualified under the Program’s definition of … Read Post

The Manhasset Lakeville Water District has secured a $2.75M settlement for costs incurred in response to contamination of the aquifer underlying the Water District’s service area.  Sive Paget & Riesel represented the Water District in its efforts to recover these costs. The Water District provides drinking water to its 45,000 customers in Manhasset, Great Neck, … Read Post

Green Inc. reports that Mayor Michael Bloomberg, who is currently in Copenhagen, Denmark for the United Nations Framework Convention on Climate Change (“UNFCCC”) Conference of the Parties, is advocating that a wind power complex be constructed off the shores of Long Island, similar to the giant wind turbines in the North Sea off the coast … Read Post

On Monday, December 7, the U.S. Environmental Protection Agency (“EPA”) formally determined that greenhouse gases endanger public health and welfare.  This endangerment finding is a direct response to the Supreme Court’s 2007 decision in Massachusetts v. EPA, which held that greenhouse gases are pollutants covered by the Clean Air Act and ordered the agency to … Read Post

On November 19, The AES Corporation (“AES”) entered into a settlement with the Attorney General of the State of New York (“NYAG”) regarding disclosure of climate change risk to investors.  This is the third such settlement with the NYAG by a major power company (the other two settling power companies were Xcel Energy and Dynegy).  … Read Post

The New York City Climate Change Adaptation Task Force will present key findings of its forthcoming report on climate change adaptation on December 2 in a joint presentation with the New York Academy of Sciences.  The Task Force, launched in August 2008, seeks to secure the City’s critical infrastructure against sea level rise, higher temperatures … Read Post