To Avoid Penalties Ensure they are Handled Correctly To streamline environmental regulations for wastes generated by numerous sources in relatively small quantities, USEPA issued the Universal Waste Rule in 1995. This rule is designed to reduce the amount of hazardous waste in the municipal solid waste stream, to encourage the recycling and proper disposal of […]
What is the Right of Election? New York’s Spousal Right of Election protects a surviving spouse from being completely disinherited from the estate of the deceased spouse. Under EPTL 5-1.1A, a surviving spouse is entitled to take the larger of $50,000 or one-third (1/3) of the deceased spouse’s net estate. This is known as […]
A comprehensive revision to New York State’s solid waste regulations took effect on November 4, 2017. On March 1, 2018, the NYSDEC formally issued an enforcement discretion letter that effectively rolls back the implementation of the new rules in four (4) specifically designated areas. The delay in enforcement will expire on May 3, 2019 or […]
As many are likely very aware, the end of 2017 brought with it new tax reform that took effect January 1, 2018. The Federal Tax Cuts and Jobs Act (the “Act”) made many revisions to the tax code in the first significant reform to the tax code since 1986. This article will focus on the […]
My last blog entry discussed New York’s regulation of wetlands. I was going to discuss permit application process with this entry, but after some feedback, I thought I should discuss federal regulation of wetlands instead. As I mentioned earlier, wetlands are protected under Section 404 of the Clean Water Act (“CWA”), which was implemented more […]
Keeping up with passwords and usernames in an increasingly electronic world can be overwhelming at best. For many people even bank statements are now delivered neatly to electronic inboxes, but have you ever stopped to think who else may need access to all those usernames and passwords? If something were to happen to you, […]
Lockport, NY Realtor Pleads Guilty To Violating Lead-Based Paint Disclosure Rules This first case is an appropriate follow-up to my August 30, 2017 blog post, which discussed EPA’s Lead Renovation, Repair and Painting Rule. On September 7, 2017, Maureen S. Walck, of Lockport, NY, pleaded guilty to failure to provide a lead paint hazard warning […]
While discussions for estate planning often focus on married couples, estate planning for a single person is equally as important. In many instances, a single person may need to do things differently and the consequences of not having a well-coordinated plan can create real problems. Most single people own assets in their names individually and […]
The Trump Administration has proposed the termination of many Obama administration environmental programs and initiatives and drastic cutbacks to the budget of the United States Environmental Protection Agency. In response, state of New York Attorney General Schneiderman has stated, “President Trump’s budget cuts would cause untold – and perhaps irreparable – damage to New York’s […]
Every now and then we’re visited by a new client who discovers he bought contaminated property and needs legal help. In almost all of these cases, our client bought the property without first getting advice from an environmental lawyer or conducting adequate environmental due diligence on the property. We’re always glad to help, but the […]