Author: Goldberg Segalla

Climate Change
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U.S. Supreme Court Denies Government’s Request for Stay in Climate Change Suit Brought by Minors

On July 30, 2018, the United States Supreme Court denied the federal government’s request for a stay in the climate change lawsuit brought by 21 children, pending in the U.S.D.C. for the District of Oregon, known as the Juliana matter. The lawsuit was originally filed in 2015 against President Obama and numerous federal agencies, alleging that the executive branch contributed to climate change in violation of the children’s rights under the Fifth and Ninth Amendments to the Constitution and an asserted federal public-trust doctrine. The …

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General / Legislation / New York
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NYS DEC Adopts First Major Update to State’s Environmental Quality Review Regulations in 20 Years

On June 28, 2018, the New York State Department of Environmental Conservation (DEC) promulgated revisions to the State Environmental Quality Review Act (SEQRA).

These are the first substantial revisions to SEQRA in over 20 years.The amendments go into effect beginning January 1, 2019 and will apply to all pending and future actions.

Under SEQRA, actions are classified into three main designations: Type I, Type II, and Unlisted. The new amendments provide major changes to the types of projects that fall under the Type I and …

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Clean Air Act / Climate Change / New York
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Kivalina and AEP Claim Another Victim – New York Climate Change Suit Falls

Like the proverbial acid relentlessly burning its way through materials in which it comes in contact, the relentless reasoning underlying the Am. Elec. Power Co., Inc. v. Connecticut, 564 U.S. 410 (2011) (AEP) and Native Village of Kivalina v. ExxonMobile Corp., 696 F.3d 849 (9th Cir. 2012) (Kivalina) climate lawsuits has claimed another victim.

After taking out the lawsuits filed by the cities of San Francisco and Oakland earlier this summer (Order), Kivalina and AEP now …

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Hydraulic Fracturing / Wastewater
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Appeals Court Leaves Potential for Hydraulic Fracturing Revival in the Delaware River Basin

Earlier this month, the United States Court of Appeals for the 3rd Circuit issued a decision that leaves a glimmer of hope for hydraulic fracturing entrepreneurs in the Delaware River Basin, which encompasses portions of 24 counties in Pennsylvania, New Jersey, New York, and Delaware.

On July 3, a three judge panel issued an opinion on their review of a Pennsylvania federal court’s decision to grant a motion to dismiss a case for declaratory relief brought by oil and gas speculators Wayne Land and Mineral …

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Louisiana / Pipeline
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What’s a Significant Impact? Fifth Circuit Rules Pipeline Can Go Forward

In the latest development in the eternal struggle between environmental groups and hydrocarbon pipeline developers, the Fifth Circuit recently discarded an injunction that was preventing construction of a pipeline through the Atchafalaya Basin, home of the country’s largest river swamp. The pipeline is meant to connect the controversial Dakota Access pipeline to refineries and export terminals in St. James Parish, Louisiana.

In order to construct the pipeline, Bayou Bridge Pipeline LLC had to secure a permit from the U.S. Army Corps of Engineers. In order …

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White peeling paint wall
California / General
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Battles over Lead Paint Rage On in California

Three paint manufacturers who have been in a tug-of-war with several California counties regarding potential liability for lead paint resorted to a state balloting process to shift the potential exposure. The battle started to intensify earlier this year when the California Supreme Court declined to review a 2014 state appeals court ruling that held manufacturers Sherwin-Williams Co., NL Industries Inc. and ConAgra Grocery Products Co. liable for $1.15 billion dollars in costs associated with remediation of lead paint in housing built before 1951 in California, …

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Litigation / New York / PFOA / Water Contamination
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PFAS Alert: New York State Court Certifies PFOA Class Action

On July 3, 2018, a state court in New York certified a class action lawsuit that involves residents of Petersburgh, New York who claim exposure to varying levels of the chemical, perfluorooctanoic acid (PFOA). PFOA is in the class of chemicals known as per-and polyfluoroalkyl substances and was used to make heat, water, and stain resistant household and commercial products. Think Teflon, Scotchgard, GORE-TEX, fast food wrappers, etc.

This is the first class action matter that’s been certified in the State of New York that …

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General / Litigation
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Department of Interior in Need of a Paddle? Lawsuit filed over approval of mines in Boundary Waters Canoe Area

A coalition of nine Minnesota businesses and an environmental group filed suit in federal court in Washington, D.C. against the U.S. Department of the Interior challenging its decision to reinstate federal mineral rights leases for the proposed Twin Metals copper-nickel mine in the Boundary Waters Canoe Area near Ely, Minnesota. The lawsuit alleges the Department of the Interior exceeded its authority and poses an immediate threat to businesses, the environment and the region’s outdoor recreation economy. The plaintiffs include four outfitters, a resort, two canoe …

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Water Contamination
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CDC Reports Outbreaks Associated With Untreated Recreational Water on the Rise: An Overview of the CDC’s Morbidity and Mortality Weekly Report

The Morbidity and Mortality Weekly Report (MMWR) is a weekly epidemiological digest for the United States published by the Centers for Disease Control and Prevention (CDC). It is considered by many practicing in the public health sector to be the primary publication for sharing public health information and recommendations that have been received by the CDC from state health departments.

Recently, The Environmental Law Monitor reported on the May 18, 2018 CDC Report: “Outbreaks Associated with Treated Recreational Water – United States, 2000-2014. The …

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Fracking / Hydraulic Fracturing / New York
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New York Federal Court Rejects Landowner’s Claimed Right to Drill, But Will Challenges Continue?

A federal court in New York recently dismissed a landowner’s claim that the state’s ban on hydraulic fracturing violated the takings clause of the Fifth Amendment and due process rights.

In Morabito v. The State of New York, et. al., the plaintiffs filed a complaint in the Western District of New York, asserting that the state’s decision to prohibit high-volume fracking activities constituted a regulatory taking and/or arbitrary and irrational restriction on plaintiff’s property rights.

The plaintiffs, who are farmers, own various properties in …

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