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The New York Environmental Lawyer a Publication of the Environmental & Energy Law Section of the New York State Bar Association

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The New York Environmental Lawyer a Publication of the Environmental & Energy Law Section of the New York State Bar Association NYSBA 2020 | VOL. 40 | NO. 1 The New York Environmental Lawyer A publication of the Environmental & Energy Law Section of the New York State Bar Association Inside n Expert Advocacy in the Legal Setting n Omnipresent Chemicals: TSCA Preemption in the Wake of PFAS Contamination n A Special Harm That Affects Everyone: How One Can Use Climate Change to Obtain Standing Under SEQR NYSBA.ORG/ENVIRONMENTAL Section Officers THE NEW YORK Chair Nicholas M. Ward-Willis ENVIRONMENTAL LAWYER Keane & Beane, PC Editor-in-Chief 445 Hamilton Ave, Ste 1500 Miriam E. Villani White Plains, NY 10601 Sahn Ward, PLLC [email protected] 333 Earle Ovington Blvd, Ste 601 Uniondale, NY 11553 Vice-Chair [email protected] Linda R. Shaw Knauf Shaw LLP Issue Editors 2 State St, Ste 1400 Alicia G. Artessa Rochester, NY 14614 Government Relations Associate [email protected] Retail Council of New York State 258 State St Treasurer Albany, NY 12210 James P. Rigano [email protected] Rigano, LLC 538 Broadhollow Rd, Ste 217 Prof. Keith Hirokawa Melville, NY 11747 Albany Law School [email protected] 80 New Scotland Ave Albany, NY 12208 Secretary [email protected] Yvonne E. Hennessey Barclay Damon LLP Aaron Gershonowitz 80 State St Forchelli Curto Albany, NY 12207 333 Earle Ovington Blvd [email protected] Uniondale, NY 11553 [email protected] Publication—Editorial Policy—Subscriptions Law Student Editorial Board Persons interested in writing for this Journal are wel comed and Albany Law School and St. John’s University School of Law encouraged to submit their articles for con sid er ation. Your ideas and comments about the Journal are ap pre ci at ed. Student Editors-in-Chief: Michelle Zaludek, Albany Law School, ‘21 Publication Policy: All articles should be submitted to me Colleen Pierson, Albany Law School, ‘20 and must include a cover letter giving permission for publica- tion in this Journal. We will assume your submission is for the Student Associate Editors: exclusive use of this Journal unless you advise to the con trary Lisa Hladik, Albany Law School, ’22 in your letter. If an article has been printed elsewhere, please Teagan Dolan, Albany Law School, ’22 ensure that the Journal has the appropriate permission to reprint Hilary Edmunds, Albany Law School, ’21 the article. Authors will be notified only if articles are rejected. Nick Wall, Albany Law School, ’21 Authors are encouraged to include a brief biography. Charles Coryer, Albany Law School, ’21 Alexandria Alinea, Albany Law School, ’22 For ease of publication, articles should be e-mailed or submitted Kelly Sprague, Albany Law School, ‘22 on a CD, preferably in Microsoft Word or WordPerfect. Please spell-check and grammar-check submissions. Contributing Members: Jeremy Guarino, Albany Law School, ‘21 Editorial Policy: The articles in this Journal rep re sent the Joseph Zeitler, Albany Law School, ‘20 authors’ viewpoints and research and not that of the Journal Spencer Patterson, Albany Law School, ‘20 Editorial Staff or Section Officers. The accuracy of the sources Nicholas A. Gengo, Albany Law School, ‘21 used and the cases cited in submissions is the re spon si bil i ty of Matthew Hallock, Albany Law School, ‘21 the author. Joshua Marcil, Albany Law School, ‘22 Francis Pellicciaro, Albany Law School, ‘21 Non-Mem ber Subscriptions: The New York Environmental Adam Herron, Albany Law School, ‘22 Lawyer is available by sub scrip tion to law libraries. For further Nathaniel Clark, Albany Law School, ‘22 information contact the Member Resource Center at (800) 582- Michelle Zaludek, Albany Law School, ‘21 2452. Jeff Ehrhardt, Albany Law School, ‘21 Publication Submission Deadlines: On or before the 1st of March, June, September and December each year. Miriam E. Villani, Editor-in-Chief Accommodations for Persons with Disabilities: This publication is published for members of the En vi ron men tal & NYSBA welcomes participation by individuals with disabilities. Energy Law Section of the New York State Bar As so ci a tion. Members NYSBA is committed to complying with all applicable laws of the Section receive a sub scrip tion to the publication without charge. that prohibit discrimination against individuals on the basis of The views expressed in articles in this publication rep re sent only the disability in the full and equal enjoyment of its goods, services, authors’ view points and not necessarily the views of the Editor or the programs, activities, facilities, privileges, advantages, or accom- Environmental & Energy Law Section. modations. To request auxiliary aids or services or if you have Copyright 2020 by the New York State Bar As so ci a tion any questions regarding accessibility, please contact the Bar ISSN 1088-9752 (print) ISSN 1933-8538 (online) Center at (518) 463-3200. Table of Contents Page Message from the Chair ....................................................................................................................................................................4 Nicholas Ward-Willis Message from the Issue Editor | Everything I Needed to Know about Climate Change I Learned from the U.S. COVID-19 Response ...................................................................................................................................................................5 Keith Hirokawa Message from the Student Editorial Board| In These Unprecedented Times: Law Students’ Perspective on the Impact of COVID-19...................................................................................................................................................................7 Colleen Pierson and Michelle Zaludek for the SEB Outside the EPA Update ..................................................................................................................................................................8 James L. Simpson DEC Dispatch ...................................................................................................................................................................................18 Thomas J. King Section News Long-Time Member Profile: Joel Sachs .....................................................................................................................................21 New Member Profile: Drew Victoria Gamils ...........................................................................................................................22 In Memoriam—John Hanna Jr. ...................................................................................................................................................23 Environmental and Energy Law Section Council Award 2019 Introduction and Acceptance Speech ............................24 Environmental and Energy Law Section Annual Meeting 2020 Photos ..............................................................................26 Environmental and Energy Law Section Awards and Brownfield/Superfund 2019 Update Conference Photos........ 28 Feature Articles Expert Advocacy in the Legal Setting .......................................................................................................................................29 Urs Broderick Furrer and Michael J. Wade Plumbing the Depths of a Very Heavy Metal ..........................................................................................................................34 Walter E. Mugdan Omnipresent Chemicals: TSCA Preemption in the Wake of PFAS Contamination ............................................................38 Frederick A. McDonald Where Are We Headed with PFAS Remediation Standards in New York? .........................................................................53 Linda Shaw A Special Harm That Affects Everyone: How One Can Use Climate Change to Obtain Standing Under SEQR ..........63 Matthew Brooks Global Climate Change Blog Carl R. Howard Facts on the Ground; Record-High CO2 Emissions in 2019; Climate Change is Accelerating: Things Are Getting Worse; Bleak UN Report; World Energy Outlook Report; Methane Emissions; U.N. Climate Talks Fail; Good News; Washington ..............................................................................................................................................67 Facts on the Ground; 2019-Record Ocean Temps, Second-Hottest Year Ever; Climate Change Accelerating; Rising Seas; Drowning Cities; Washington .........................................................................................................................77 Facts on the Ground; Global Climate Talks Delayed by Coronavirus; Wind and Solar Thriving, Oil Companies Collapsing; Warmest January Ever; Litigation: Youth Climate Change Case Dismissed; Washington .....................83 Facts on the Ground; Extreme Heat Forecast; Melting Antarctic; Forest Health; 50th Earth Day Program; Federal Clean Energy Loans; COVID-19 and Climate Change; Washington ............................................................89 Facts on the Ground; 30-Year Mortgage Threatened by Sea-level Rise; Global Methane Emissions, Record High; Deforestation Continues; Washington ..................................................................................................................96 Facts on the Ground; Global Impacts of Climate Change; Environmental Refugees; Sea Level Rise; Washington ........................................................................................................................................................................102 2021 Professor William R. Ginsberg Memorial Essay
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