The Appellate Division determined that the challenge to a proposal for a telecommunications facility (cell tower) on State land was not yet ripe for review. In Village of Pelham Manor v. Crown Communications N.Y., Inc. the Appellate Division found that,
Silverberg Zalantis LLC
Silverberg Zalantis LLC is a law firm that publishes legal analyses and updates primarily focused on environmental law, land use, administrative law, and constitutional issues related to public policy. Their content often covers judicial decisions, regulatory developments, and legislative assessments impacting telecommunications, climate change, land use variances, and First Amendment rights. The firm provides detailed discussions on topics such as environmental assessments, climate change impact reports, procedural doctrines in litigation, and public forum speech regulations. Their publications serve to inform legal professionals and stakeholders about evolving legal standards and governmental actions affecting environmental and municipal law.
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Fifth National Climate Assessment Released
This week the Fifth National Climate Assessment, which is a Congressionally mandated inter-agency study of the impacts of climate change, was released.The Climate Assessment is issued ever four years as an analysis of the progress of climate change and efforts…
Court of Appeals Clarifies The “Relation Back Doctrine” When A Necessary Party Is Not Initially Named In Litigation
The New York Court of Appeals, in an action challenging the issuance of a use variance, clarified the application of the “relation back doctrine” to allow an amended petition adding a necessary party, after expiration of the statute of limitations.…
Second Circuit Finds Restrictions On the Form or Manner of Speech In A Limited Public Forum Does Not Violate First Amendment
Recently, the Second Circuit Court of Appeals upheld the District Court determination that the City of Kingston had the right to prohibit the public from displaying signs at a City Council meeting and that such restriction did not, as claimed…
The Sixth Assessment Report of the IPCC Paints a Sobering Picture of Coming Climate Change
The Intergovernmental Panel on Climate Change (“IPCC”) issued its Sixth Assessment Report (“AR6”) on March 19, 2023 summarizing the findings of various studies of the impacts of climate change. “This Synthesis Report (SYR) of the IPCC Sixth Assessment Report (AR6) …
Court Finds Property Owner Impacted By Local Law Lacked Standing To Challenge The Law
In a decision that reiterated the need for there to be other than economic impacts to a property owner to serve as a basis for challenging the environmental review of a local law or ordinance, the Appellate Division affirmed the…
U.S. Supreme Court Limits Authority of EPA to Regulate Emissions
In June, at the end of its 2021-2022 Term, the United States Supreme Court issued a ruling with far reaching implications for the ability of the Environmental Protection Agency (“EPA”) to regulate Greenhouse Gas (“GHG”) emissions and any attempt to…
Supreme Court Rules, Refusal To Permit Religious Flag At City Hall Violates Free Speech
On May 2. 2022, the U.S. Supreme Court ruled on the refusal of the City of Boston to permit the flying of a Christian flag, on a flag pole located at Boston’s City Hall Plaza. In Shurtleff v City of…
DC District Court Addresses Relationship of Oil and Gas Leases to Climate Change
Last week the U.S. District Court for the District of Columbia ruled on oil and gas Lease 257 issued by the U.S. Government for 80.8 million acres of the Gulf of Mexico pursuant to the Bureau of Ocean Energy Management’s…
APPELLATE DIVISION REVERSES LOWER COURT DECISION THAT UPHELD SPECIAL PERMIT AND SITE PLAN APPROVAL
The Appellate Division reversed a determination of the Supreme Court that had upheld the granting of a special permit and site plan, where the proposal failed to fully comply with the zoning ordinance. In the Matter of Marcus v. The…