Special Counsel Michael V. Caruso and Summer Associate Lauren Lynam authored an article titled “Navigating NY’s Pioneering Environmental Justice Law: Implications and Predictions,” published in the New York Law Journal on August 19, 2024.
The article discusses the implementation of what is being called the “nation’s strongest environmental justice law,” set to take effect on December 30, 2024. This new Environmental Conservation Law Section 70-0118 will prohibit the New York State Department of Environmental Conservation (DEC) from issuing permits for projects that contribute more than a minimal amount of pollution to disadvantaged communities. The law represents a significant step toward addressing environmental inequities and protecting marginalized areas from disproportionate industrial impacts. While introducing new considerations for the DEC, its scope is primarily limited to state-level actions and does not extend to local land use decisions. The law highlights the importance of thorough documentation and fact-based environmental justice arguments in the project review process, signaling a shift in how environmental justice is approached in New York.
*Reprinted with permission from the August 19, 2024 edition of the New York Law Journal© 2024 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or reprints@alm.com.
