Myriah Jaworski

Myriah Jaworski

Phillips Lytle LLP

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Fracking Alert: Home Rule Prevails In New York's Highest Court

On Monday, New York’s Court of Appeals, its highest court, upheld the power of municipalities to prohibit hydraulic fracturing (“fracking”) within their boundaries....more

7/3/2014 - Environmental Policies Fracking Fracking Bans Mineral Leases Mining Municipalities Oil & Gas

What does the Supreme Court’s UARG decision mean for you?

In a highly anticipated decision last week, the Supreme Court struck down a portion of EPA’s so-called Tailoring Rule for greenhouse gas emissions. By its Tailoring Rule, EPA had attempted to regulate certain stationary...more

7/3/2014 - BACT Clean Air Act Climate Change Environmental Policies EPA Greenhouse Gas Emissions Permits Power Plants SCOTUS Title V Utilities Sector Utility Air Regulatory Group v EPA

EPA To Consider Mandatory Disclosure Of Chemicals Used In Fracking Fluids

In what is considered a first step towards requiring natural gas drillers to disclose the chemical constituents of hydraulic fracturing fluids, EPA recently released an Advanced Notice of Proposed Rulemaking seeking public...more

5/23/2014 - Disclosure Requirements EPA Fracking Natural Gas Oil & Gas Proposed Regulation Public Comment Toxic Substances Control Act Well Drilling

SCOTUS Upholds EPA's Good Neighbor Provision, To Relief of Downwind States

National Ambient Air Quality Standards, or NAAQS, can be hard enough for states to attain given the sources of air pollution within their own borders. But add cross-boundary air pollution from upwind states to the mix, and...more

5/2/2014 - Air Pollution Clean Air Act Cross-State Air Pollution Environmental Policies EPA EPA v EME Homer City NAAQS SCOTUS

EPA Finalizes Emissions Standards for Vehicles and Fuel

This week, EPA finalized its Tier 3 emission standards designed to reduce air pollution from passenger cars and trucks. The rule establishes new vehicle emissions standards and reduces the sulfur content of gasoline by...more

3/14/2014 - Air Pollution Auto Manufacturers Clean Air Act EPA Oil & Gas Trucking Industry

Carbon Capture and Recycling Is Viable, Says EPA, to An Industry In Decline

On Wednesday, EPA published its proposed New Source Performance Standards (“NSPS”) for greenhouse gas emissions in the Federal Register. In its proposed regulations, EPA expresses its determination, despite industry and...more

1/13/2014 - Carbon Capture and Sequestration Carbon Emissions Clean Tech Environmental Policies EPA Greenhouse Gas Emissions Technology

EPA’s Future Enforcement Strategy: More Citizen Suits?

In an intriguing post on Law & The Environment, Seth Jaffe notes that, in part because of the ongoing sequester and budgetary concerns, EPA’s future enforcement efforts may rely more heavily on citizen groups. Quoting Cynthia...more

11/1/2013 - Citizen Suits ECHO Enforcement Enforcement Actions EPA

EPA’s Future Enforcement Strategy: More Citizen Suits?

In an intriguing post on Law & The Environment, Seth Jaffe notes that, in part because of the ongoing sequester and budgetary concerns, EPA’s future enforcement efforts may rely more heavily on citizen groups. Quoting Cynthia...more

11/1/2013 - Citizen Suits ECHO Enforcement EPA

Second Circuit Clarifies “Removal” vs. “Remedial” Action Under CERCLA

In the CERCLA context, knowing whether a cleanup action is a “removal” or “remedial” action is crucial to the length of time allowed for the cleanup, the amount of money that may be spent on the cleanup, and the statute of...more

10/29/2013 - CERCLA Environmental Policies Remedial Actions Removal

Supreme Court Agrees to Hear GHG Emissions Sequel to Mass v. EPA

Today, the Supreme Court granted certiorari to six petitions brought by state and industry groups challenging the EPA’s greenhouse gas emissions regulations for stationary sources. The petitions are seen by many as a sequel...more

10/16/2013 - Carbon Emissions Class Certification Environmental Claims Environmental Policies EPA Greenhouse Gas Emissions SCOTUS

$5 Billion Environmental Bond Act Introduced in New York State Assembly

We must invest in New York State’s environmental infrastructure, says Republican State Senator Mark Grisanti and Democratic Assembly Member Robert Sweeny, both Chairs of Environmental Conservation Committees in the State...more

8/30/2013 - Bonds Environmental Policies Infrastructure Proposed Legislation

Update! – New York State Court of Appeals Takes On Fracking Ban Case

In what will be a precedent-setting decision of national importance, yesterday the New York State Court of Appeals agreed to hear Norse Energy’s appeal of the Third Department’s decision upholding the Town of Dryden’s...more

8/30/2013 - Fracking Fracking Bans Natural Gas Resource Extraction Shale Gas

Second Circuit Affirms Exxon Judgment, Rejects Clean Air Act Preemption Argument

Exxon Mobil Corp. must pay up, so said a three judge panel of the Second Circuit late last month. Opening the door to a flood of litigation concerning the gasoline additive MTBE, the Second Circuit affirmed a jury verdict...more

8/22/2013 - Clean Air Act Environmental Policies Exxon Mobil Oil & Gas Preemption

Regulation of Biogenic GHG Emissions, From Manure Management And Ethanol Sources, Cannot Be Delayed, Says D.C. Circuit

In 2007, the United States Supreme Court directed EPA to regulate greenhouse gas emissions (“GHG”) as a pollutant under the Clean Air Act. Since that time, EPA has published an Endangerment Finding and issued a series of...more

7/17/2013 - Biomass Carbon Emissions Clean Air Act Environmental Liability Environmental Policies EPA Greenhouse Gas Emissions

Supreme Court Affords Landowners Protection From “The Dangers of Governmental Coercion” In Land-Use Permitting Decision

Last month, the Supreme Court completed its trifecta of Fifth Amendment land-use permitting decisions by issuing its opinion in Koontz v. St. Johns River Water Mgmt. Dist., a decision resting firmly on the backs of the...more

7/17/2013 - Dolan v City of Tigard Fifth Amendment Koontz v St John's River Water Management Land Developers Nexus Nollan v California Coastal Commission Permits Rough Proportionality Test SCOTUS Takings Wetlands

Court of Appeals to Hear Fracking Ban Case?

Last week, Norse Energy filed its Notice of Appeal to the New York State Court of Appeals. ...more

6/13/2013 - Fracking Fracking Bans Norse Energy Oil & Gas

Brownfield Cleanup Program, a Boon to Upstate Development, Under Siege

The Brownfield Cleanup Program has encouraged many private-sector cleanups of contaminated real property throughout upstate New York. ...more

6/13/2013 - Brownfield Properties Contaminated Properties Contamination

New York Greenlights Energy Transmission Line

The Champlain Hudson transmission line has received initial approval from the New York State Public Service Commission. ...more

6/9/2013 - Energy Projects Hydropower Transmission Lines

More Cows Allowed Under CAFO Regulations

In an effort to retain its title as the country’s number one yogurt producer, New York State recently relieved dairy farmers of certain state permitting obligations....more

6/7/2013 - Dairy Farmers Permits State Funding

NYS Fracking Standstill

Albany celebrated Earth Day this week by verbally acknowledging that New York State is no closer to permitting fracking today than it was last year. Senate Environmental Chair Mark Grisanti recognized that a de facto...more


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