Posts marked "Climate Change"

In pursuit of New York City’s goal to reduce greenhouse gas emissions 80 percent by 2050 (a goal known as “80×50”), the City Council is considering multiple bills this session that aim to reduce greenhouse gas emissions from city buildings. Buildings—through their electricity use, heating, and cooling—account for at least two thirds of all greenhouse … Read Post


In recent years, the unpredictability of the National Flood Insurance Program (“NFIP”), administered by the Federal Emergency Management Agency (“FEMA”) has given rise to increasing uncertainty and frustration for coastal and waterfront markets located within Special Flood Hazard Areas. The NFIP program, which provides flood insurance for approximately 5 million residential and commercial properties, requires … Read Post


On August 18, 2018, the Trump administration proposed sweeping changes to U.S. Environmental Protection Agency (“EPA”) regulations of power plant greenhouse gas (“GHG”) emissions, which would replace the Clean Power Plan regulations promulgated by the Obama administration in 2015.  According to EPA’s projections, the proposed changes would result in increased emissions of GHGs and other … Read Post


On June 20, 2018, the New York State Department of Environmental Conservation (“DEC”) released two draft flood risk management guidance documents intended to advise New York state agencies on how to incorporate the consideration of future climate risks, including risks of sea-level rise, storm surge, and flooding, into existing regulatory processes. The non-binding guidance is … Read Post


As one of numerous attempts by the Trump Administration to roll back Obama-era rules, in the coming weeks, the Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA) are expected to announce a proposed rule that would weaken the agencies’ 2012 national standards for vehicular greenhouse gas emissions and fuel economy and could … Read Post


Today, New York State Governor Andrew M. Cuomo unveiled the New York State Offshore Wind Master Plan: Charting a Course to 2,400 Megawatts of Offshore Wind Energy.  On behalf of the State, the New York State Energy Research and Development Authority (“NYSERDA”) oversaw the preparation of the Master Plan and its 20 supporting studies. The … Read Post


New York Governor Andrew Cuomo and New York Mayor Bill de Blasio have both recently made significant climate change-related announcements: the State’s and City’s pension funds will divest billions of dollars from fossil fuel companies.  These actions support state and local goals of reducing statewide greenhouse gas emissions 40% by 2030 and meeting the Paris Agreement … Read Post


In an October 13, 2017 letter, the New York State Department of Environmental Conservation (“DEC”) challenged the Federal Energy Regulatory Commission’s (“FERC”) decision that, by failing to act, DEC had waived its authority to issue a Clean Water Act water quality certification for Millennium Pipeline Company LLC’s (“Millennium”) proposed Valley Lateral Project, a 7.8-mile natural … Read Post


This week, the New York State Energy Research and Development Agency (“NYSERDA”) officially submitted an area off the coast of Long Island, referred to as an Area for Consideration for the Potential Locating of Offshore Wind Energy Areas, to the federal government’s Bureau of Ocean Energy Management (“BOEM”).  NYSERDA is proposing that BOEM consider identifying … Read Post


On September 12, 2017, the New York Court of Appeals denied Exxon Mobil’s motion for leave to appeal a decision of the Appellate Division, First Department, which had held that the accountant-client privilege is not recognized in New York and therefore does not protect documents held by PricewaterhouseCoopers (“PwC”), Exxon’s auditor, from subpoena by New … Read Post