New York Law Firm Blog

The last two steps in reissuance of the 2012 Nationwide Wetlands Permits (NWPs) have now been completed.

Army Corps NWP Regional Conditions

In order to use NWPs to conduct regulated activities in federal wetlands, the activity must meet the eligibility criteria for the applicable NWP, comply with the national conditions on that NWP, and comply with the applicable regional conditions, if any, that have been issued by the district office with jurisdiction over the wetland.

On March 16, 2012, the New York and Buffalo Districts of the Army Corps of Engineers jointly issued their final regional conditions for NWPs in New York State. The conditions apply to the NWPs reissued in February.

A recent hit-and-run accident left a Poughkeepsie pedestrian in serious condition. The accident occurred at the end of March and the victim has since undergone extensive surgery for her injuries. Though the culprit is unknown, Poughkeepsie law enforcement released a surveillance video of the large SUV they suspect hit the woman.

This accident raises questions about what pedestrians can do to stay safe while out walking. Data from the National Highway Traffic Safety Administration found that in 2009, 306 pedestrians lost their lives in New York pedestrian accidents. These deaths represented 26 percent of all traffic fatalities, or 1.57 deaths per 100,000 people.

As the mother of first-grade twin boys, I like to stay very active in my kids' school. My enthusiasm for helping out in the kids' Kindergarten classrooms quickly evolved into serving on the PTO board of directors - maybe too quickly. While serving on the board, I immediately began to encounter unexpected legal questions. As an attorney, I could not help but spot and identify legal issues when I encountered them. I wondered, was it just me who noticed these issues, or did other PTO members also think about these things? The short answer is, there are certain legal issues that face all PTOs, whether they realize it or not.

In many states, the US Environmental Protection Agency enforces the Clean Water Act, frequently by administrative "compliance orders", less frequently by initiating a civil enforcement action in federal court.

In 2007, Michael and Chantell Sackett started construction of a three-bedroom A-frame in northern Idaho. Their plan went awry when EPA advised them that their 5 acre plot was designated as a wetland, asserting jurisdiction under the Clean Water Act.

I recently came across an interesting article on the Syracuse University Institute for Veterans and Military Family's website entitled, "Business Case for Hiring a Veteran, Beyond the Cliche's".

This article discusses the Institute's review of academic research related to recruiting and integrating military veterans into the civilian workforce.

The article listed 10 propositions in support of hiring of veterans:

1. Veterans generally have characteristics that make them strong entrepreneurs;
2. Veterans assume high levels of trust;
3. Veterans are adept at skills transfers across context/tasks;
4. Veterans have advanced technical writing skills;
5. Veterans are comfortable/adept in varied and changing environments;
6. Veterans exhibit high levels of resiliency;
7. Veterans exhibit advanced team building skills;
8. Veterans exhibit strong organizational commitment;
9. Veterans have cross-cultural experiences; and
10. Veterans have experience/skill in diverse work settings.

Our returning veterans can be a resource to tap into to find talented, dedicated and honorable options to fill positions in a wide variety of jobs. I urge you all to take a look at this article and consider hiring a veteran. Not only will it help you and I pay the debt we owe to these brave patriots, it can also help your business survive and prosper in these difficult economic times. 

John C. Cappello is a partner on the Land Use/Environmental and Municipal Law Teams. He can be reached by phone at 866-535-4743 toll free or 845-764-4285 and by email. 

As every good land use attorney knows by now, Section 404 of the Clean Water Act gives the Army Corps of Engineers jurisdiction over waters of the United States, including adjacent wetlands.

The Corps used the Nationwide Wetlands Permit (NWP) system as its principal tool to regulate proposed activities in jurisdictional wetlands. Indeed, they comprise more than 90% of the wetland permits issued by the Corps.

NWPs have benefits for the regulated community, and for the Corps.

Jacobowitz and Gubits, LLP, attorneys Larry Wolinsky and Alyse Terhune, successfully defended the Town of Tuxedo against a challenge to an amendment granted in 2010 to a special permit first issued in 2006. The special permit allows the Related Companies to build "Tuxedo Reserve", a mixed use housing development with 1195 residences and several thousand square feet of commercial space in the southern portion of the Town of Tuxedo, not far from the New Jersey border. When the permit was issued in 2006, Tuxedo Reserve was the largest development to be approved in Orange County.

Kids fall and bump their heads; it's a common occurrence and actually something many parents are familiar with. Head injuries simply come with the territory of being a child. Unfortunately, children also sustain these types of injuries in automobile accidents. In many cases, the result is a small bruise on the temple. However, a new study reveals that even minor head injuries in children can cause brain injury and that they have longer lasting effects than previously thought.

Specifically a study published in the journal Pediatrics indicates that any type of brain injury can lead to deficits in language, motor skills and cognition that are clear even 10 years after an injury. The study looked at 40 children, between the ages of two and seven, who suffered from a brain injury from, in many cases, a bad fall or motor vehicle accident. The children underwent a series of cognitive, behavioral and social tests at the time of the accident as well as intervals as far as ten years later.