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RESOURCES BY MICHAEL B. GERRARD

RECENT ARTICLE:

PODCASTS:
Revolutionizing CERCLA Liability: What the Supreme Court's Burlington Northern Decision Means for Potentially Liable Parties                            
On May 4, 2009, the US Supreme Court issued a landmark decision that is of great interest to anyone who deals with the world of Superfund or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In what many regard as one of the most important CERCLA opinions ever issued, the Court narrowed both the extent of CERCLA “arranger” liability and the ability of the government to hold certain liable parties “jointly and severally” liable for the entire costs of cleaning up a site. The decision dealt severe blows to longstanding government legal and enforcement positions.

Environmental Actions:  The Obama Administration's First Policy Changes
Environmental policy was a key issue during the 2008 presidential campaign, and Senator Obama pledged a major change in U.S. environmental policy. In his first week in office, President Obama began to deliver on this pledge by issuing two directives on climate change. This briefing will provide an in-depth analysis of the actions that the Obama Administration has taken in this important policy area between Inauguration Day and the day of the briefing.

BOOKS:
The Law of Environmental Justice, 2d ed. (2008)
Global Climate Change and U.S. Law, (review from The Environmental Forum) (ABA: 2007)
Amending CERCLA: The Post-SARA Amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (with Joel M. Gross) (2006)
Brownfields Law and Practice: The Cleanup and Redevelopment of Contaminated Land (1998)
Whose Backyard, Whose Risk (1996)
Environmental Law Practice Guide: State and Federal Law (1992)
Environmental Impact Review in New York (with Daniel A. Ruzow and Philip Weinberg) (1990)
 

ELI CLIMATE BRIEFING COMMENTARIES
"Decisions in Comer and Kivalin," November 9, 2009
"Litigation Over Coal-Fired Power Plants," September 14, 2009
Forthcoming Supreme Court Case on Beach Nourishment and Takings, August 12, 2009
California Emissions Waiver, July 8, 2009
Second Circuit’s Decision in Connecticut v. AEP, October 12, 2009

 
ARTICLES: 
"Coal-Fired Powerplants Dominate Climate Change Litigation," New York Law Journal, 25 September (2009)
"Comment on Developing a Comprehensive Approach to Climate Change Mitigation Policy in the United States: Integrating Levels of Government and Economic Sectors" Environmental Law and Policy Annual Review, August 2009
"Cash-for-Clunkers Program: Better for Industry than Environment,"  New York Law Journal, 24 July (2009)
"The Effect of NEPA Outside the Courtroom,"  Environmental Law Reporter 39, July 2009.                                         
"The Obama Administration's First Environmental Policy Changes." Metropolitan Corporate Counsel, July 2009
"Greenhouse Gases: Emerging Standards for Impact Review," New York Law Journal 27 Mar (2009)
"State Bar Task Force: 22 New York Actions to Address Climate Change," New York Law Journal 23 Jan (2009)
Taking Action in New York on Climate Change (January 2009) ,New York State Bar Association (Task Force chair)    
"New York Environmental Legislation in 2008," New York Law Journal 28 Nov (2008)
"McCain/Palin vs. Obama/Biden on the Environment." New York Law Journal 26 Sep (2008)
"McCain vs. Obama on Environment, Energy, and Resources," Natural Resources & Environment Fall (2008)
"N.Y. Brownfields Program Buffeted by Legislature, Courts," New York Law Journal, 25 Jul (2008)
"SEQRA and Climate Change," NYSBA Government, Law and Policy Journal Summer (2008)
"Carbon Capture, Sequestration Raises Myriad Legal Issues," New York Law Journal 23 May (2008)
"USA Chapter," The International Comparative Legal Guide To: Environment Law 2008, 5th ed. (Global Legal Group: 2008)
"Global Climate Change," Environmental Law Practice Guide (LexisNexis: 2008)
"Survey of SEQRA Cases From 2007," New York Law Journal 28 Mar (2008)
"Financial Disclosure of Risks Related to Global Climate Change," (with Christopher Anderson) TRENDS March/April (2008)
"Climate Change and the Environmental Impact Review Process," NR&E Winter (2008)
"New York State Environmental Legislation in 2007," New York Law Journal 25 Jan (2008)
"Stricter Rules on Storm Water Discharges Taking Effect," New York Law Journal 23 Nov (2007)
"Keen on Green?" (with Jonathan Martel) New York Law Journal Oct (2007)
"Survey of Climate Change Litigation," New York Law Journal 28 Sep (2007)
"Kyoto's Clean Development Mechanism in Action," New York Law Journal 24 Sep (2007)
"Business Opportunities in Climate Change Mitigation," New York Law Journal 22 Sep (2006)
"A Q&A Guide to Environment Law in The U.S.." (with Lester Sotsky) PLC's Environment Cross-Border Handbook 2006/07 (2006)
"Environmental Law in New York," monthly publication
"Emergency Exemptions from Environmental Laws After Disasters," NR&E Spring (2006)
"Environmental Easements: A New Form of Property," New York Law Journal 26 Nov (2004)
"EPA, DEC Expand Roles of Environmental Management Systems," New York Law Journal 23 Jul (2004)
"Who Goes to Jail? Understanding Criminal Liability for Wastewater Violations," Clearwaters (1996)
"Building Environmentally Just Projects: Perspective of a Developer’s Lawyer," Environmental Law News Spring (1996)
"World Trade Center: Response, Recovery and Reconstruction," New York Law Journal 04 Oct (2001)
"Environmental Justice and New York Environmental Law," Environmental Law in New York 01 Jun (2001)
"Environmental Actions of the New York State Legislature in 2000," New York Law Journal 24 Nov (2000)
"New York's New Pesticide Notification Law," 22 Sep (2000)
"Update on Environmental Justice Cases," New York Law Journal 28 Jul (2000)
"Consultants' and Lawyers' Duties to Report Contamination," New York Law Journal 1 Mar (2000)
"Environmental Law: Legislative Update - 1999," New York Law Journal 26 Nov (1999)
"New York's Pending Superfund/Brownfields Legislation," New York Law Journal 24 Sep (1999)
"How SEQRA Cases Fared in 1998," New York Law Journal 22 Jan (1999)
"Emerging Statutory and Constitutional Tools for States to Resist Federal Environmental Regulation," Environmental Law Reporter 1 Mar (1998)
"Municipal Powers Under SEQRA," New York State Bar Journal 1 Dec (1997)
"Interaction of Toxic Tort and CERCLA Litigation," Toxics Law Reporter 09 Oct (1996)
"Compliance Programs for Small Business," New York Law Journal 27 Sep (1996)
"Comparative Risk Assessment in New York," The New York Law Journal 24 May (1996)
"Environmental Law -- Update on SEQRA Lawsuits for 1995," New York Law Journal 22 Mar (1996)
"Environmental Law -- New York’s Comprehensive New Air - Pollution Rules," New York Law Journal 26 Jan (1996)
"Dodging the Nimby Bullet: A Solution To Waste Facility Siting," Public Utilities Fortnightly 01 Aug (1995)
"Environmental Law -- Guarding Against False Claims Act Suits," New York Law Journal 28 Jul (1995)
"Corporate Probation: The Con Edison Sentence," New York Law Journal 26 May (1995)
"Environmental Commercial Law--Update on SEQRA Lawsuits for 1994," New York Law Journal 24 Mar (1995)
"Turning Nimby on its Head: A Siting Solution Based on Federal Allocation, State Responsibility, and Local Control»." Environmental Reporter, Vol. 25, No. 46 24 Mar. (1995)