The federal Freedom of Information Act (5 USC 553 et. seq.) and New York’s Freedom of Information Law (Public Officers Law section 87) require government agencies to provide records to the public upon request. There are exemptions, but the basic policy is that government records should be open to the public. A recent decision by the federal district court for the District of Columbia addresses…
In Lijam, LLC v General Electric Company, 2019 WL 1011021 (March 2019), neighbors of a contaminated site sued under the Resource Conservation and Recovery Act (RCRA), claiming the site “may present an imminent and substantial danger to health or the environment.” The neighbors won on summary judgement, with the court concluding that General Electric was liable under RCRA. The court then denied the neighbors’ request…
by Andrea Tsoukalas Curto and Jessica A. Leis The first major State Environmental Quality Review Act (“SEQRA”) revisions since 1996 will be taking effect January 1, 2019. For the complete article click: The New York Environmental Lawyer . Reprinted with permission from: The New York Environmental Lawyer, Fall/Winter 2018, Vol. 38, No. 2, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.
Nassau County recently completed the first county-wide reassessment in eight years. The results of the reassessment were published earlier this month on the 2020/21 Tentative Assessment Roll. The goal of the reassessment is a laudable one in that it aims to provide a fair assessment for every property owner in Nassau County. Unfortunately, based upon our review of the reassessment, we do not believe the…
By Lisa M. Casa The recent downfall of numerous high-profile figures due to revelations of serial sexual harassment left many wondering how such behavior was permitted to continue, unabated, for so long. Nondisclosure agreements and arbitration clauses were criticized for allowing these sexual harassers to maintain their positions and continue their misconduct free of consequences. [i] New York, as part of the 2018-2019 budget law,…
A major part of practicing environmental law is the ability to advise based on an assessment of how an agency is likely to behave. The rules and regulations are often not as clear as a regulated party would like. Interpreting the rules and regulations, or using how they have been interpreted in other contexts to determine a recommended course of action, can be difficult. I…
Uniondale, NY, January 3, 2019 — Partner David Borkon of Forchelli Deegan Terrana LLP (the Firm) has been selected by the Long Island Business News for the 40 under 40 Award Class of 2019. He was recognized for his leadership in business, and commitment to the Long Island community. David J. Borkon is a corporate attorney concentrating in business and transactional matters for a wide…
In Weyerhaeuser v U.S Fish and Wildlife Service, 2018 WL 6174253 (November 27, 2018) the Supreme Court addressed the tension between the presumption that agency decisions are subject to judicial review and the exclusion from review for actions that are given over to the discretion of an agency. At issue was the agency’s designation of certain land as “critical habitat” for the dusky gopher frog. …
November 29, 2018 --- Partner Elbert Nasis and Associate Lisa Casa were honored by the Long Island Business News with the Leadership in Law award. The award recognizes experience, dedication, hard work, skill, and excellence and is dedicated to those individuals whose leadership, both in the legal profession and in the community, has had a positive impact on Long Island. Elbert F. Nasis is a…
By Gregory S. Lisi, Lisa M. Casa and Jane Chen Following the “#Me Too” movement, federal and state legislators have imposed heightened obligation on employers to prevent sexual harassment and to provide victims of sexual harassment more leverage to seek compensation. Federal Last December, Congress passed the Tax Cuts and Jobs Act of 2017 (the “Act”), which, in an effort to deter employers from using…