ARTICLES & POSTS

In early January 2026, the U.S. Environmental Protection Agency (EPA) submitted a draft final rule to the Trump administration for review that would repeal what is commonly known as the “endangerment finding” for greenhouse gases under the federal Clean Air Act. While the rule is not yet final, the submission marks a significant legal development with broad implications for environmental regulation, industry, and state and local governments, including New York. To understand

Underberg & Kessler Partner Jacob H. Zoghlin shared his perspectives on developments and challenges in the NYS cannabis industry in a recent Rochester Business Journal  article titled “New York cannabis industry enters 2026 with growth, uncertainty.” “From a legal and regulatory perspective, one of the most consequential developments shaping opportunities in 2026 is the anticipated federal rescheduling of cannabis from Schedule I to Schedule III under the federal Controlled

We are pleased to announce that Jacob H. Zoghlin has been named to the Rochester Business Journal’s 2025  Power List for Environmental Leaders. This recognition honors people who have made significant contributions to climate advocacy and sustainability efforts in the Rochester region. Jacob serves as Chair of Underberg & Kessler’s Environmental Law  and Municipal Law  practice groups and is a Partner in the firm’s Cannabis Law , Litigation  and Real Estate & Finance  practi

In Part 3 of our SEQRA Step-By-Step series, we explained how to complete the Environmental Assessment Form (EAF), an essential tool for evaluating potential environmental impacts. In this installment, we move to the next major phases of the SEQRA process: coordinated review and determining significance. These steps determine how multiple agencies work together and whether an Environmental Impact Statement (EIS) will be required. Coordinated Review Under SEQRA Coordinated revi

On October 24, 2025, the New York State Department of Environmental Conservation (DEC) was directed by the Albany County Supreme Court in the case Citizen Action of New York et al v. New York State Department of Environmental Conservation  (Index No. 903160-25, NYSCEF Doc. No. 93) to promulgate final regulations implementing the emissions-reduction mandates of the Climate Leadership and Community Protection Act (CLCPA). The court gave DEC until February 6, 2026, to complete t

In Part 2 of our SEQRA Step-by-Step series, we discussed the first procedural step once you determine that SEQRA applies —classifying the action. In this installment, we move to the next step: completing the Environmental Assessment Form (EAF). The type of EAF required depends on how the action is classified. Understanding which form to use, and how to complete it, is essential to complying with SEQRA and keeping the review process on track. Type I Actions As discussed in the

When New Yorkers went to the polls in November 2021, more than 70% voted in favor of adding a new environmental right to the State...

In Part 1 of our SEQRA Step-by-Step series, we explored the purpose of the New York State Environmental Quality Review Act (SEQRA) and...

We are pleased to introduce a blog series exploring the ins and outs of the New York State Environmental Quality Review Act (SEQRA). In...

Across New York State and the country, communities are seeing a wave of major technology-based development projects: semiconductor...

In a major victory for local climate action and environmental regulation, the New York State Court of Appeals recently upheld New York...

In a significant move to bolster environmental protection and public health, New York State has enacted major amendments to its Superfund...

The Trump administration has filed lawsuits against four states—New York, Vermont, Hawaii, and Michigan—aimed at halting recent...

In a significant legal development, the New York State Supreme Court has ruled that the Cannabis Control Board (CCB) and the Office of Cannabis Management (OCM) improperly denied a dispensary license to DNP-Z, Inc., based on a policy not properly promulgated under the State Administrative Procedure Act (SAPA).

The State of New York is moving forward with proposed regulations to implement the Renewables, Accelerated Permitting and Infrastructure...

In recent years, municipalities across New York—and the nation—have found themselves in the crosshairs of so-called “First Amendment...

On December 26, 2024, New York Governor Kathy Hochul signed into law the Climate Change Superfund Act (the “Act”), a statute designed to...

We are pleased to announce that Partner Jacob H. Zoghlin has been appointed Chair of the firm’s Municipal Law and Environmental...

In 2022, Governor Kathy Hochul signed the Environmental Justice Siting Law, also known as the "Cumulative Impacts Law," to address...

Underberg & Kessler Partner Jacob H. Zoghlin and other local professionals shared their perspectives on the challenges in New York’s...