Flaster Greenberg shareholder Daniel Markind authored an article in the New York Law Journal analyzing how New York’s energy and environmental policies have contributed to regional energy supply vulnerability, particularly as new restrictions on fossil fuel use take effect.
The article, “New York’s Legal Maneuvers Cause Energy Vulnerability,” examines the impact of New York City Local Law 154, which bans fossil fuel heating and cooking systems, and how related state-level legal actions have limited access to natural gas infrastructure at a time of increasing energy demand.
Markind focuses on New York’s use of the Clean Water Act’s Section 401 certification process to block interstate natural gas pipelines, most notably the Constitution Pipeline, despite federal approval from the Federal Energy Regulatory Commission (FERC). He explains how this strategy has restricted access to nearby natural gas supplies from the Marcellus Shale and contributed to energy shortages in New York and New England.
The article reviews federal efforts to curb state authority under Section 401, including executive actions, EPA rulemaking, and litigation, and explains how shifting regulatory standards have allowed states to continue using environmental permitting to influence interstate energy infrastructure.
Markind concludes that New York and the broader Northeast now face increased energy risk as a result of these legal maneuvers, particularly during periods of high demand, and that the region may again be forced to rely on foreign energy imports due to insufficient domestic supply.
Read the full NYLJ article here for a deeper look at how environmental permitting law intersects with interstate energy policy — and what it means for energy reliability, infrastructure development, and regional economic stability.
