Ground Rules: A Knauf Shaw Blog

Knauf Shaw Files Lawsuits Alleging Violations of the New Green Amendment to the NYS Constitution
KnaufShaw
Two lawsuits have been filed in New York State Supreme Court in Monroe County by Knauf Shaw LLP on behalf…

Second Circuit Finds CERCLA Claims Ripe Regardless of EPA Enforcement Status
Melissa Valle
On August 18, 2021, the Second Circuit Court of Appeals held that a party does not need to wait until…

NYSDEC Proposes Revisions to NYS Petroleum Bulk Storage Regulations
Melissa Valle
The New York State Department of Environmental Conservation (“NYSDEC”) is proposing to revise its regulations on petroleum bulk storage. The…

Supreme Court Revives Guam’s Superfund Claim against the U.S. Navy
KnaufShaw
Justice Clarence Thomas penned the rare unanimous decision in Guam v. United States, 593 U.S. ___ (2021), which recently held…

NY Recreational Marijuana Law Includes Environmental Goals, Municipality Options
Amy Kendall
Recreational marijuana use will be legal in New York for those over 21 years of age. The Marijuana Regulation and…

Biden Executive Orders Address Climate Change
Julia O'Sullivan
During the first few weeks of the Biden Administration, multiple executive orders (“EOs”) have been issued to address climate change…

Judge Orders Illegal Superstructure in Finger Lakes Taken Down
Jonathan Tantillo
A long-standing steel frame on Conesus Lake which was constructed without necessary approvals from the Conesus Planning Board and Zoning…

Road Salt Contamination from NYS Thruway Ruled A Trespass
Amy Kendall
The New York Court of Claims recently held that farmers impacted by surface and groundwater contaminated with road salt originating…

Petroleum Spill Reporting
Melissa Valle
Reporting a petroleum spill in New York can be confusing and an overwhelming experience. There are numerous spill reporting requirements,…

Petroleum Case Law Update 2020
Melissa Valle
Each year, the Petroleum Spills Committee of the Environmental & Energy Law Section of the New York State Bar Association…

Special Permits Annulled For Failure To Comply With LWRP Law
Amy Kendall
On December 22, 2020, a court in Monroe County, New York annulled Special Permits issued in 2012 by the Village…

NY Adopts Regulations to Reduce Greenhouse Gas Cap by 30%
KnaufShaw
On December 1, 2020, the New York State Department of Environmental Conservation (NYSDEC) and New York State Energy Research and…