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It’s Freedom of Information Law week here at the CasePrepPlus newsletter.  This week, we have two cases, one from the First Department and one from the Second Department, that address the scope of what public records must and can’t be disclosed, whether a municipality’s public website on which records are posted is enough to satisfy its production obligations, and how far an agency must go before simply denying a FOIL request as unduly burdensome. Let’s take a look [...]

EPA has recently proposed bans on both perchloroethylene (“PCE”)[i] and trichloroethylene (TCE)[ii].  Both bans are proposed under Section 6 of the Toxic Substances Control Act (TSCA) which gives EPA authority to prohibit the manufacturing, processing, distribution, and import of a chemical.  The proposed bans followed EPA’s risk determinations under TSCA that both PCE and TCE present an unreasonable risk of injury to human health when evaluated under their conditions [...]

The Court of Appeals is back for its first opinions of the 2023-24 term, all from the September argument session.  Let’s take a look at some of those, and what else has been happening in New York’s appellate courts over the past week. Court of AppealsNitkewicz v Lincoln Life & Annuity Co. of N.Y., 2023 NY Slip Op 05302 (NY Ct App Oct. 19, 2023)Insurance LawIssue: Does Insurance Law § 3203 (a) (2), which requires insurers to refund a portion of a life insurance [...]

On July 25, 2023, EPA announced proposed amendments to the Air Emissions Reporting Requirements (AERR) rule.  In a change, the proposal includes mandatory reporting of hazardous air pollutants (HAPs). Currently, New York requires some HAP reporting, but the proposal would expand this. See 6 NYCRR 202-2.3 (c)(9). The proposed rule was published in the Federal Register on August 9, 2023.[i]  The public comment period has been extended twice, and now until November 17, 2023.The AERR rule [...]

Here’s what has been happening in New York’s appellate courts over the past week.Appellate Division, First DepartmentMatter of NYP Holdings, Inc. v New York City Police Dept., 2023 NY Slip Op 05193 (1st Dept Oct. 12, 2023)FOIL, Article 78, Attorneys’ FeesIssue: Do the Legislature’s 2020 amendments to Civil Rights Law § 50-a to remove confidentiality protection from police personnel records apply retroactively to require disclosure of records created before the [...]