The Appellate Division Second Department found that challenges to requirements of two Zoning Board of Appeals decisions and the conditions to a site plan approval issued by a Planning Board should stand. In the Matter of Florida Historical Society v.
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.
Website:
https://szlawfirm.net
Latest from Silverberg Zalantis LLC - Page 2
U.N.INTERGOVERNMENTAL PANEL ISSUES ITS SIXTH ASSESSMENT REPORT ON CLIMATE CHANGE
Following up on previous assessment reports, the United Nations Intergovernmental Panel on Climate Change (IPCC) issued an updated assessment report on August 9, 2021. The Report carries dire warnings of the impacts of man-made activities unless immediate steps are taken.…
The New Normal For U.S. Weather
On May 4, 2021 the National Oceanic and Atmospheric Administration (NOAA) issued its once a decade report on the status of United States weather over the previous thirty year period. The report called U.S. Climate Normals, provides a compilation of…
Appellate Division Finds ZBA Did Not Have Authority To Rule on Issue of Lot Area
The Appellate Division Second Department recently ruled that, under the procedure followed by objecting neighbors, the local Zoning Board of Appeals (“ZBA”) lacked jurisdiction to rule on the neighbors’ objection. In Matter of Capetola v. Town of Riverhead, the…
UN Nationally Determined Contributions Report Under the Paris Agreement On 2-26-2021
Last week the United Nations secretariat issued a “Synthesis Report” summarizing the current status of the attempts by the signatories to the Paris Climate Agreement in addressing climate change. The Report provides sobering revelations concerning the speed by which irreversible…
Challenge to SEQRA Determination and Site Plan Dismissed Due to Failure to Name the Property Owner
The Appellate Division restated the requirement that all interested parties must be named in an action challenging a site plan approval and that a property owner and prospective developer are not necessarily united in interest. In Matter of Mensch v…
Report on the State of the Climate, Green House Gases and Sea Level Rise
The American Meteorological Society issued its annual report recently on the state of the climate for 2019. The report notes increases in Green House Gases (GHGs) as well as extreme warm days during 2019. A partial summary of the findings…
A Use Variance Should Be Denied for Failure to Provide Dollars and Cents Proof of Unnecessary Hardship
The Appellate Division determined that the failure to provide “dollars and cents” proof of the inability to use a property for any permitted use required denial of a use variance. In Matter of Dean v. Town of Poland Zoning Board…
Extreme Heat Events Related To Global Warming
According to a report released this week, extreme heat events will increase unless aggressive actions are rapidly implemented. The Report, issued by the Union of Concerned Scientists, outlines the devastating impacts of increasingly frequent extreme heat events throughout the United…
Court Holds Bureau of Land Management Failed to Consider Climate Change in Issuing Licenses
This week the Federal District Court for the District of Columbia found that the United States Bureau of Land Management (BLM) failed to adequately consider the potential impacts of oil and gas leases on climate change. In Wildearth Guardians v.