Environmental Law Portal

Welcome to the Beveridge & Diamond Environmental Law Portal.

Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

Subscribe for updates via:

Meet the Contributors

Topics

Recent Posts

Click here to learn more about us

Showing 8 posts in New York.

New York High Court Rejects Medical Monitoring Claims Absent Injury

Striking a blow to toxic tort plaintiffs seeking to recover personal injury damages in the absence of physical injury, New York’s highest court ruled on December 17 that medical monitoring is not a separate cause of action under New York law. Caronia v. Philip Morris USA, Inc., 2013 N.Y. LEXIS 3476, 2013 N.Y. Slip. Op. 8372 (N.Y. Dec. 17, 2013) ( “Slip Op.”).  Read More ›

All Beveridge & Diamond New York Office Principals Receive "Super Lawyers" Recognition for Third Consecutive Year

Beveridge & Diamond, P.C. is pleased to announce that, for the third consecutive year, the Super Lawyers rating service recognized all five Principals in the Firm's New York office as being among the top lawyers in their areas of practice in the New York metropolitan area.   Read More ›

Second Circuit Certifies Medical Monitoring Issue for Ruling by New York High Court

In an effort to clarify the availability and scope of medical monitoring claims under New York law, the Second Circuit last week certified to the New York State Court of Appeals questions relating to whether smokers who have not been diagnosed with a smoking-related disease may bring a stand-alone claim against a tobacco company for medical monitoring. The Court of Appeals’ decision will likely have broad implications for toxic tort cases involving allegations of potential health effects. Read More ›

Beveridge & Diamond Secures Dismissal of Challenge to Solid Waste Facility Operating Agreement in New York Supreme Court

In an issue of first impression for New York’s courts, litigators in Beveridge & Diamond’s  New York office secured a dismissal of a petition seeking an annulment of a client’s 25-year operating agreement with the Town of Colonie, New York. Conners et al. v. Town of Colonie et al., N.Y. Supreme Court, Albany County, Index No. 6312-2011, Decision/Order/Judgment (April 5, 2012). Read More ›

New York Appellate Court Finds Plaintiffs in Toxic Mold Case Could Satisfy Frye Standard

Giving a potential boost to plaintiffs claiming injury due to toxic mold exposure, a New York appellate court held that the plaintiff-appellant’s toxic mold claims may meet the Frye standard of scientific reliability. Cornell v. 360 W. 51st St. Realty, No. 01643 (N.Y. App. Div. Mar. 6, 2012), available at http://www.nycourts.gov/reporter/3dseries/2012/2012_01643.htm. The appellate court found that the lower court had incorrectly interpreted the appellate court’s earlier decision in Fraser v. 301-52 Townhouse Corp., 57 A.D.3d 416 (2008), when it held that the expert testimony put forth by the tenant was inadmissible and that the tenant did not meet her burden to quantify her exposure level to the mold.  Read More ›

Two New York Courts Uphold Local Bans on Hydraulic Fracturing and Other Oil and Natural Gas Operations

Two New York state trial courts recently upheld local zoning laws passed by towns in the Marcellus Shale region that would ban all oil and natural gas exploration, production, and storage within the town limits. Among the activities that are prohibited under the laws is high-volume hydraulic fracturing (“hydrofracking”) to extract natural gas, a technique that is currently the subject of proposed regulations and an environmental impact review by the New York Department of Environmental Conservation (“DEC”).   Read More ›

New York State Reestablishes Comprehensive Power Plant Siting Law

On August 4, 2011, Governor Andrew Cuomo signed The Power NY Act of 2011 (Act) into law after the Senate and Assembly passed it in the waning days of the legislative session.  The Act reestablishes Article X of the Public Service Law, governing the siting of major power plant projects in the state.  Read More ›

NYS Public Service Commission May Tighten the “Lightened Regulation” Regime Applied to Wholesale Electricity Generators

The New York State Public Service Commission (Commission) may tighten at least one aspect of the lightened regulatory regime that it has applied to wholesale electric generators for nearly two decades.   Read More ›