Neighbors Win on Imminent and Substantial Danger Claim and Court Grants Them No Remedy

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…

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What Developers and Land Use Practitioners Need to Know About the New SEQRA Amendments

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.

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A Closer Look at Nassau’s Reassessment: What the County’s Reassessment Really Means

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…

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The Cost of Silence: Sexual Harassment Claims in the #MeToo Era

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,…

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Obtaining Regulatory Guidance from the Regulators

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…

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David Borkon Named a 40 Under 40 by the Long Island Business News

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…

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Supreme Court Expands Power of Courts to Review Agency Decisions

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. …

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Partner Elbert Nasis and Associate Lisa Casa Honored by the Long Island Business News With the Leadership in Law Award

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…

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Beyond #MeToo: Heightened Obligations on New York’s Employers to Address and Prevent Sexual Harassment in the Workplace

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…

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Real Estate Tax Exemptions for Solar Energy Systems

By John V. Terrana and Gabriella E. Botticelli In order to promote New York’s clean energy initiative, the New York State Real Property Tax Law (RPTL) provides a tax exemption for property owners who install certain renewable energy systems, such as a solar energy system. Click  on link for the complete article: Real Estate Tax Exemptions_NYREJ Reprinted with permission from the New York Real Estate Journal.

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