Climate Change and Resiliency
New York State Submits Area Off Long Island to Federal Government for Potential Wind Leasing
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…
New York Court of Appeals Denies Exxon Mobil’s Motion to Appeal in Ongoing Climate Change Investigation by New York Attorney General
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…
State and Local Leaders Fight to Uphold America’s Paris Accord Climate Commitments with “America’s Pledge”
By: Zachary Berliner Last month, former New York City Mayor Michael Bloomberg and California Governor Jerry Brown launched “America’s Pledge,” an initiative which builds on recently-formed partnerships of American states, cities, and businesses committed to upholding the United States’ pledged greenhouse gas (“GHG”) reductions under the Paris climate agreement (including the “We Are Still In”…
Second Circuit Decision Provides States Latitude to Enact Renewable Energy Incentive Programs
On June 28, 2017, in Allco Finance Ltd. v. Klee, the U.S. Court of Appeals for the Second Circuit rejected two related challenges alleging that Connecticut programs pertaining to renewable energy generation violated federal law, bolstering states’ flexibility to craft renewable energy incentive programs. In doing so, the Second Circuit became the first federal court…
New York State Unveils Methane Reduction Plan
Earlier this month, New York Governor Andrew Cuomo’s administration released its Methane Reduction Plan (the “Plan”), setting forth 25 priority actions to reduce methane emissions as part of New York State’s efforts to reduce greenhouse gas emissions 40% by 2030 and 80% by 2050, as compared to 1990 levels. While the State continues its efforts…
DEC Adopts Regulation Establishing Sea-Level Rise Projections for New York
The New York State Department of Environmental Conservation (“DEC”) recently announced the final adoption of a regulation establishing science-based sea-level rise projections for New York’s tidal coast. The regulation, which implements the Community Risk and Resiliency Act (“CRRA”) of 2014, was first proposed in late 2015 and was revised in late 2016. The final regulation…