Phillips Lytle - Environmental Law

One Canalside 125 Main Street
Buffalo, NY 14203, United States

Contact: Kevin Hogan

  • (716) 847-8400
  • (716) 852-6100

NYS Brownfield Cleanup Tax Credit Program To Be Extended

At the conclusion of its annual 2013-14 session, the New York State Legislature passed an extender (S. 7878) to the New York State Brownfields Cleanup Program (BCP) tax credits…more
| Environmental Law, Real Estate - Commercial, Real Estate - Residential, Taxation

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 sources…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Restructuring New York State's Utilities

New York State’s electric industry may undergo a drastic transformation. Recently, the New York State Public Service Commission (“Commission”) issued its Reforming the Energy Vision, NYS Department of Public Service Staff…more
| Energy & Utilities

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
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

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
| Energy & Utilities, Environmental Law, Transportation

NYSDEC Announces Streamlined Procedures for Environmental Easements

On February 20, 2014, the New York State Department of Environmental Conservation (“NYSDEC”) announced streamlined procedures for environmental easements. There has been a significant push from the regulated community for…more
| Environmental Law, Zoning, Planning & Land Use, Real Estate - Commercial

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 internal…more
| Energy & Utilities, Environmental Law, Science, Computers, & Technology

Appeals Court Dismisses Legal Challenge to New York RGGI Program

This week, the New York Supreme Court, Appellate Division, Third Department (“Third Department” or “Court”), issued a memorandum decision in the case of Thrun v. Cuomo, dismissing a legal challenge to New York’s involvement in…more
| Civil Procedure, Constitutional Law, Energy & Utilities, Environmental Law, Taxation

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
| Environmental Law

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
| Environmental Law

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
| Civil Procedure, Civil Remedies, Environmental Law, Toxic Torts, Real Estate - Commercial

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 to…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

$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
| Elections & Politics, Energy & Utilities, Environmental Law, Finance & Banking

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 municipal…more
| Civil Procedure, Civil Remedies, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

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 award…more
| Civil Procedure, Civil Remedies, Conflict of Laws, Energy & Utilities, Personal Injury
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