Developments
in
Federal
and
State
Law
ENVIRONMENTAL
LAW
IN
NEW
YORK
ARNOLD
&
PORTER
Volume
10,
No.
12
I.
YEAR
2001
MAT
THEW6BENDER
Pardue
with
the
Brightest
Minds
in
Law
The
Baked
Apple
Scenario
by
Douglas
Hill
It's
January
1,
2001
—the
real
first
day
of
the
new
millenni-
um
—and
we
are
looking
back
on
the
year
2000.
Representatives
of
the
161
nations
that
agreed
to
the
Kyoto
Protocol
met
again
in
an
attempt
to
define
its
requirements
further.
Braced
by
Senate
Resolution
S.R.98,
which
insists
on
emission
li
mitations
by
developing
countries,
the
U.S.
delegation
pressed
for
—what
it
called
—"meaningful
participation"
from
the
developing
coun-
tries.
In
response,
the
Indian
representative
noted
that
the
world's
per
capita
(i.e.,
per
person)
carbon
dioxide
emissions
amounted
to
about
1
ton
per
year,
that
India's
were
about
half
that,
and
that
the
U.S.
emitted
about
5
tons
of
carbon
dioxide
per
capita
per
year.
When
the
U.S.
asks
India,
which
has
one
-
tenth
its
per
capita
carbon
dioxide
emissions,
to
make
a
"mean-
ingful
contribution,"
he
asked,
what
can
that
possibly
mean?
The
U.S.
delegation
was
unable
to
answer
that
question
to
the
satisfaction
of
many
of
the
developing
countries,
and
thus
failed
to
win
such
a
commitment.
Despite
a
massive
political
effort
by
the
White
House,
the
U.S.
Senate
kept
its
promise
and
refused
to
ratify
the
Kyoto
Protocol.
The
government
of
Japan,
faced
with
growing
public
opposition
to
the
threefold
increase
in
nuclear
power
it
planned
to
meet
its
commitments
under
the
Kyoto
Protocol,
quickly
followed
suit.
With
these
two
nations
out,
the
minimum
require-
ment
for
ratification
by
nations contributing
at
least
55
percent
of
the
1990
carbon
dioxide
emissions
of
the
industrialized
countries
could
not
be
satisfied,
and
the
Kyoto
Protocol
died.
Some
said
it
was
the
most
significant
withdrawal
of
the
U.S.
(Matthew
Bender
&
Co.,
Inc.)
181
December
1999
from
its
international
responsibilities
since
the
Senate
rejected
membership
in
the
League
of
Nations
in
1919.
Others
shrugged
it
off
as
simply
"business
as
usual."
The
nation's
carbon
dioxide
emission
reduction
policy
re-
turned
to
the
status
quo:
voluntary
commitments.
Although
such
voluntary
commitments
proved
to
be
quite
profitable
to
individ-
ual
companies
in
many
cases,
in
their
entirety
they
made
little
dent
in
the
continuing
growth
of
national
carbon
dioxide
emissions.
(continued
on
page
191)
IN
THIS
ISSUE
LEGAL
DEVELOPMENTS
♦
Agency
Practice
182
♦
Asbestos
182
♦
Hazardous
Substances
183
♦
Land
Use
184
♦
Lead
185
♦
Mining
186
♦
SEQRA/NEPA
186
♦
Solid
Waste
187
♦
Toxic
Torts
187
♦
Water
187
NATIONAL
DEVELOPMENTS
188
NEW
YORK
NEWSNOTES
190
UPCOMING
EVENTS
191
WORTH
READING
191
(PUB.004)
DECEMBER
1999
191
a
settlement
in
a
case
in
which
EPA
alleged
that
the
Transit
Authority
incorrectly
managed
six
underground
storage
tanks
(USTs)
at
the
former
Walnut
Bus
Depot
in
the
Bronx.
The
Transit
Authority
paid
a
$32,000
penalty
as
part
of
the
settlement.
After
a
1996
inspection,
EPA
determined
that
the
Transit
Authority
failed
to
conduct
certain
required
checks
for
leaks
from
a
UST
that
held
waste
oil
from
oil
changes
performed
on
the
buses.
EPA
also
found
that
fi
ve
other
USTs
were
improperly
in
temporary
closure
status
for
six
years.
RCRA
permits
tanks
to
be
in
temporary
closure
only
up
to
12
months
before
they
must
be
permanently
closed.
Two
major
releases
at
the
site
have
been
or
will
be
cleaned
up
under
DEC
oversight.
The
Transit
Authority
closed
the
bus
depot
in
1998
and
transferred
the
property
to
the
Empire
State
Development
Corporation.
The
facility
will
be
converted
to
a
newspaper
printing
plant.
EPA
Region
2
Press
Release
(Aug.
24,
1999).
New
York
City's
Drinking
Water
Protection
Plan
Should
Focus
More
on
Controlling
Pathogens,
Report
Says
The
comprehensive
plan
for
protecting
New
York
City's
drinking
water
should
place
more
emphasis
on
preventing
and
controlling
disease
-carrying
pathogens,
according
to
a
report
from
the
National
Research
Council's
Committee
on
Water-
shed
Management
for
New
York
City.
The
City's
watershed
management
strategy
currently
focuses
on
phosphorus,
which
can
play
a
large
role
in
degrading
water
quality
but
is
not
itself
toxic.
The
report
states
that
efforts
to
monitor,
model,
and
control
pathogens
such
as
cryptosporidium
and
giardia
should
be
stepped
up.
The
study
was
undertaken
at
the
request
of
the
New
York
City's
Comptroller's
Office
to
provide
a
scientific
evaluation
for
implementing
the
1997
New
York
City
Watershed
Memorandum
of
Agreement.
The
report
generally
hails
the
City's
watershed
management
strategy
as
a
prototype
for
water
suppliers
nationwide,
but
recommends
that
water
system
managers
continually
reevaluate
treatment
options
beyond
chlorination
to
control
dangerous
pathogens.
Copies
of
the
report,
"Watershed
Management
for
Potable
Water
Supply:
Assessing
New
York
City's
Approach,"
are
available
from
the
National
Academy
Press
at
(202)
334-3313
or
1-800-624-6242.
UPCOMING
EVENTS
March
8-9,
2000
"The
Year
2000
Conference
on
Environmental
Innovation:
Creating
Sustainable
Business
Assets
for
Today
and
Tomor-
row,"
sponsored
by
The
Conference
Board,
Arthur
D.
Little,
and
World
Business
Council
for
Sustainable
Development.
New
York
City.
Information:
(212)
339-0345,
or
<www.conference-board.org/environment.htm>.
April
15-19,
2000
"American
Planning
Association
Conference,"
sponsored
by
(Matthew
Bender
At
Co.,
Inc.)
the
American
Planning
Association,
New
York
City.
Re-
quested
topics
include
brownfields,
takings,
open
space,
and
endangered
species.
Information:
(312)
431-9100,
or
<www.plarming.org>.
WORTH
READING
Janet
L.
Abu-Lughod,
New
York,
Chicago,
and
Los
Angeles
—
America's
Global
Cities
(University
of
Minnesota
Press,
1999).
John
M.
Armentano,
"Regulatory
Takings:
Battle
Rages
on
Despite
Two
Decades
of
Court
Rulings,"
New
York
Law
Journal,
Sept.
22,
1999,
at
5:2.
Michael
B.
Gerrard,
ed.,
The
Law
of
Environmental
Justice:
Theories
and
Procedures
to
Address
Disproportionate
Risks
(American
Bar
Association,
1999).
Charles
Gobeil,
"Silver
in
Sediments
From
the
St.
Lawrence
River
and
Estuary
and
the
Saguenay
Fjord,"
33
Environmen-
tal
Science
&
Technology
2953
(1999).
Stephen
L.
Kass
and
Jean
M.
McCarroll,
"Environmental
Justice
and
Community
Gardens,"
New
York
Law
Journal,
Aug.
27,
1999,
at
3:1.
Clyde
Mitchell,
"Environmental
Liability
of
Bank
Trustees,"
New
York
Law
Journal,
Sept.
15,
1999,
at
3:1.
Michael
A.
Rivlin,
"Wild
Man
in
a
Lab
Coat,"
[New
York
State's
Wildlife
Pathologist
Ward
Stone]
Amicus
Journal,
Fall
1999,
at
28.
John
M. Wilson,
II
,
"Local
Control
Over
the
Siting
of
Cellular
Towers
—Part
II
,"
Municipal
Lawyer,
July/Aug.
1999,
at
1.
The
Baked
Apple
Scenario
(continued
from
page
181)
II.
YEAR
2010
A.
Heat
Looking
ahead
now
to
2010,
about
when
the
nations
would
otherwise
have
had
to
meet
their
Kyoto
targets,
the
signs
of
climate
change
have
become
more
pronounced.
Global
tempera-
ture,
which
had
inched
up
about
one
degree
in
all
of
the
20th
Century,
had
already
increased
by
another
half
degree
in
just
one
decade.
Summer
heat
spells
in
which
the
daily
temperature
exceeds
90
degrees
in
New
York
City
now
stretch
out
longer
than
the
two
weeks
people
might
have
expected.
In
these
summer
months,
traffic
seems
to
be
frequently
disrupted
by
the
pavement
buckling.
The
Big
Apple
is
becoming
the
Baked
Apple.
The
number
of
deaths
from
heat
stress
in
New
York
City
during
these
hot
spells
also
has
been
increasing.
(It
had
already
averaged
300
or
so
in
the
1990s
—then
the
highest
amount
in
the
U.S.—higher
on
average
than
Chicago.
1
)
These
deaths
(PUB.004)
192
ENVIRONMENTAL
LAW
IN
NEW
YORK
usually
occur
among
elderly
residents
li
ving
on
the
top
fl
oors
of
old,
uninsulated
buildings
with
black,
tar
paper
roofs
in
which
the
room
temperature
sometimes
reaches
108
degrees
F,
consid-
erably
higher
than
normal
human
body
temperature,
and
remains
at
that
level
for
hours
or
days
at
a
time.
2
Here
in
2010,
the
City
is
considering
adopting
a
heat
stress
warning
system
tested
in
Philadelphia
in
1995.
3
Back
in
the
1990s,
the
U.S.
EPA
and
Department
of
Energy
established
the
Cool
Communities
program.'
This
was
designed
to
counteract
these
peak
summer
temperatures
with
extensive
tree
planting
and
the
use
of
high-albedo
(i.e.,
light-colored
reflecting)
surfaces
on
roofs
and
pavements.
According
to
meteorological
modeling
results,
these
could
reduce
summer
peak
temperatures
in
New
York
City
by
up
to
four
degrees.
5
Unfortunately,
in
this
year
of
2010,
the
program
has
gone
unfunded
for
the
seventeenth
consecutive
year.
New
York
State
has
a
Weatherization
Assistance
Program,
funded
modestly
by
the
federal
government,
which
will
spend
about
$2,000
to
renovate
and
insulate
one
of
these
old
buildings.
Since
this
program
is
designed
to
save
on
winter
heating,
however,
somehow
white
roofs
are
not
thought
to
be
part
of
the
solution.
In
2010,
roofing
paper
is
still
black.
B.
Sea
Level
Rises
—Urban
flooding
Sea
level,
which
rose
about
one
foot
in
the
New
York
area
in
the
20th
Century,
has
crept
up
another
three
inches
in
the
past
decade.
Here
in
2010,
the
Alliance
of
Small
Island
States
which,
in
the
run-up
to
Kyoto
had
proposed
that
the
industrial
nations
reduce
their
carbon
dioxide
emissions
by
35
percent
from
their
1990
levels,
announced
that
it
was
changing
its
name
to
the
Alliance
of
Smaller
Island
States.
Rising
sea
level,
together
with
what
seems
to
be
more
frequent
and
intense
showers
and
thunderstorms,
has
caused
the
problem
of
urban
fl
ooding
in
2010
to
become
commonplace.
Downtown
Manhattan
seems
to
be
regularly
fl
ooded,
particularly
during
the
Northeaster
storms
common
to
this
area,
and
steps
have
begun
to
be
taken
to
dike
the
river
tunnel
entrances.
When
a
North-
easter
struck
a
few
days
before
Christmas,
Wall
Street
itself
was
fl
ooded.
The
fl
oor
of
the
New
York
Stock
Exchange
was
saved
when
a
small
army
of
stockbrokers
improvised
dikes
at
the
entrance
using
baled
newspapers.
The
Wall
Street
Journal
is
good.
This
fl
ooding
has
taxed
the
subway
system
which
even
in
the
1990s
operated
more
than
300
pumping
stations
removing
15
million
gallons
of
water
a
day
which
accumulated
fr
om
rain
water,
high
water
tables,
and
water
main
breaks.
Many
PATH
subway
stations
in
downtown
Manhattan
and
elsewhere
are
below
sea
level.
Here
in
2010,
steps
are
being
taken
to
protect
the
vulnerable
points
in
the
transit
system
—shafts,
vents
and
approaches
—from
being
fl
ooded.
Periodic
fl
ooding
is
also
affecting
other
waterfront
infrastruc-
ture.
This
include
landfills,
123
marine
transfer
stations
for
solid
waste,
power
plants
which
are
located
on
waterfronts
for
fuel
delivery
and
cooling
water,
tank
farms
for
oil
storage,
and
bridge
access
roads.
6
(Matthew
Bender
&
Co.,
Inc.)
Operations
at
LaGuardia
Airport,
which
is
less
than
seven
feet
above
sea
level,
are
more
frequently
curtailed,
although
among
the
local
airports
LaGuardia
is
the
only
one
that
is
diked.
C.
Coastal
Flooding
Too
During
the
same
storm
that
panicked
Wall
Street,
a
new
inlet
broke
through
the
Fire
Island
barrier
beach
bordering
Great
South
Bay,
Long
Island.
During
the
past
century,
the
Fire
Island
Inlet
has
migrated
westward
about
seven
miles
from
the
Fire
Island
li
ghthouse
that
had
been
built,
originally
at its
edge,
so
that
the
new
breakthrough
came
as
no
surprise.
However,
it
led
to
extensive
inland
fl
ooding
of
Long
Island's
bayside
towns
of
Freeport,
Bay
Shore,
Islip,
Sayville,
and
Patchogue,
especially
in
places
where
canals
had
been
cut
inland.
Now
with
the
authority
to
do
so,
the
Corps
of
Engineers
immediately
acted
to
fill
the
break
in
the
bather
beach
and
restore
the
status
quo.
Buildings
in
the
fl
ooded
area
were
quickly
restored
by
their
owners
who
treasure
their
waterfront
location,
in
some
cases
with
structural
improvements
required
by
the
Federal
Emer-
gency
Management
Agency
to
continue
to
be
eligible
for
fl
ood
insurance
they
will
need
for
the
next
big
storm.
The
States
of
New
York
and
New
Jersey
previously
ranked
eighth
and
fourth,
respectively,
in
fl
ood
insurance
claims
per
year.
This
year
of
2010,
each
state
moved
up
a
notch.
D.
Traffic
Congestion
As
projected
in
the
late
1990s,
motor
vehicle
traffic
has
increased
by
20
percent
in
the
metropolitan
area,
and
congestion
has
doubled.
?
Telecommuting
is
in.
As
it
was
put
by
the
new
owner
of
the
New
York
Yankees,
Yogi
Berra,
"The
roads
are
so
crowded,
nobody
drives
anymore."
And
the
cars
keep
getting
bigger
and
heavier.
The
evolution
of
cars
from
the
old
family
sedan
started
with
what
looked
like
bigger
Army
jeeps,
and
then
went
on
to
sport
utility
vehicles
(SUVs)
that
looked
like
off
-the
-road
bulldozers.
Nobody
buys
a
family
sedan
anymore
because
they
are
not
safe
to
drive
in
this
sea
of
monster
vehicles.
The
death
rate
from
crashes
of
sport
utility
vehicles
in
1998,
when
a
lot
of
them
were
driven
by
soccer
moms
to
pick
up
the
groceries,
was
17
percent
higher
than
for
cars.
When
the
first
generation
of
these
vehicles
passed
into
the
hands
of
less
responsible
drivers
as
used
cars,
the
death
rate
soared.
In
city
traffic
congestion,
these
gas
-guzzlers
spend
a
lot
of
time
idling
and
creeping
along,
so
their
gasoline
mileage
is
only
about
half
their
highway
mileage,
and
their
carbon
dioxide
output
in
the
city
is
nearly
doubled.
However,
things
may
be
turning
around.
Now
that
everybody
owns
one
of
these
dirty
SUVs,
the
automobile
industry
has
switched
its
TV
advertising
and
lobbying
muscle
to
replace
them
all
with
its
new
generation
of
high
-efficiency
cars.
E.
Economic
and
Demographic
Problems
In
this
year
2010,
Manhattan
retains
its
edge
as
a
world
-city
(PIJB.004)
DECEMBER
1999
193
headquarters
for
foreign
and
domestic
multinational
businesses,
global
capital
market
functions,
world
government,
the
media,
and
cultural
institutions.
Increasingly,
the
New
York
region
competes
directly
in
the
world
economy.
Indeed,
one
in
three
Manhattan
jobs
is
linked
to
the
global
economy!'
However,
with
the
oppressive
summer
heat,
recurring
fl
ood-
ing,
and
strangling
traffic
congestion,
the
New
York
metropoli-
tan
area
is
becoming
a
less
attractive
place
to
live.
Greenhouse
effects
in
the
region
are
diverting
capital
needed
for
public
infrastructure
maintenance
and
private
sector
investment,
con-
tributing
to
greater
inefficiencies
in
doing
business,
and
less
cost
-competitiveness
in
global
markets.
In
this
year
of
2010,
three
major
fi
nancial
companies
moved
their
headquarters
from
downtown
Manhattan
to
the
Connecticut
countryside.
Moreover,
there
is
a
widening
gap
in
the
labor
market
between
the
haves
and
have-nots.
At
the
high
end,
there is
a
demand
for
cognitive
and
communication
skills,
and
the
ability
to
manage
complex
systems,
with
compensation
on
a
knowledge
-
based
scale
At
the
low
end,
the
jobs
stress
in
-person
services,
a
modicum
of
training,
with
compensation
based
on
the
number
of
hours
worked.
Global
forces
are
bringing
in
a
diverse
array
of
foreign
-born
immigrants,
largely
unskilled.
They
are
pulled
into
the
region
by
forces
of
family
reunification,
and
pushed
out
of
their
homelands
by
economic,
political,
and
climate
conditions.
This
is
leading
to
higher
unemployment
in
the
city
and
greater
stress
on
social
support
systems.
III.
MOVING
AHEAD
Now
ANOTHER
15
YEARS
TO
2025
A.
Heat
By
2025,
global
average
temperature
has
increased
by
two
degrees
since
1999.
9
The
belated
phasing
out
of
coal
-burning
power
plants
in
the
Midwest
has
removed
the
canopy
of
sulfate
aerosols
in
the
sky
which
partially
shaded
the
Northeast,
with
the
effect
of
further
increasing
peak
temperatures
in
the
metro-
politan
area.
Summer
hot
spells
now
last
for
a
month.
10
Excess
mortality
for
an
average
summer
season
has
reached
about
500,
two-thirds
more
than
in
the
1990s.
11
B.
Further
Sea
Level
Increases
Sea
level
has
risen
a
half
-foot
by
2025,
half
as
much
as
in
the
entire
20th
Century.
12
The
Alliance
of
Smaller
Island
States
again
pleaded
for
a
35
percent
reduction
in
carbon
dioxide
emissions
by
the
industrial
countries,
and
announced
another
name
change,
this
time
to
the
Alliance
of
Titanic
Island
States.
C.
Water
Supply
Problems
In
2025,
metropolitan
New
York
is
experiencing
what
is
being
called
a
100
-year
drought.
It's
the
second
100
-year
drought
in
the
past
60
years.
Although
winter
precipitation
has
increased,
the
runoff
occurs
immediately
because
it
is
not
stored
as
snow."
Summer
precipitation
has
declined
and
that,
combined
with
greater
evaporation
caused
by
the
hotter
temperatures,
has
caused
soil
moisture
to
decline
by
about
one-fifth.
14
The
reservoirs
are
way
down.
The
water
shortage
in
the
metropolitan
area
is
exacerbated
by
the
rise
in
sea
level which
has
caused
the
salt
water
front
to
advance
up
the
Hudson
River
and
the
Delaware
River.
As
a
condition
of
drawing
on
the
headwaters
of
the
Delaware
River
in
upstate
New
York,
the
New
York
City
water
supply
system
must
allow
a
minimum
required
freshwater
fl
ow
into
the
Delaware
River."
As
the
salt
water
has
risen,
more
fresh
water
has
been
held
back
from
the
New
York
City
system
and
released
to
the
Delaware
River
to
prevent
the
salt
front
there
from
advancing
too
far
upstream
and
threatening
the
Philadelphia
water
supply.
Not
only
that.
The
advance
of
the
salt
water
front
up
the
Hudson
River
has
knocked
out
the
river
water
supply
of
Poughkeepsie
and
other
river
towns.
Under
New
York
State
law,
these
upstate
communities
have
exercised
their
legal
right
to
tie
into
New
York
City's
water
supply
system
as
they
experience
shortages
of
their
own.
16
What
can
New
York
City
do
but
impose
stringent
measures
for
water
conservation?
Unfortunately,
under
a
1954
decree
of
the
U.S.
Supreme
Court,
New
York
City
is
required
to
release
to
the
Delaware
system
83
percent
of
the
difference
between
its
"continuous
safe
yield"
and
its
estimated
consumption
in
any
year.
In
other
words,
New
York
City
gets
to
keep
only
17
percent
of
the
water
is
saves.
17
Bipartisan
legislation
to
relieve
this
problem
has
been
introduced
in
Congress
by
two
of
its
most
senior
members:
New
York's
Senators
Clinton
and
Guiliani.
In
the
last
major
drought
in
the
Northeast
in
the
1960s,
engineering
studies
developed
some
100
alternative
projects
for
meeting
future
water
requirements
of
the
metropolitan
New
York
region.
19
One
of
those was
an
exchange
of
water
between
the
New
York
City
system
and
Long
Island
groundwater,
in
opposite
directions
during
drought
and
non
-drought
periods.
19
Suffolk
County,
Long
Island,
which
sits
on
a
supply
of
ground
water
equivalent
to
half
of
Lake
Erie,
is
getting
nervous.
D.
Economic
and
Demographic
Problems
Mount
By
2025,
the
severe
economic
distress
around
the
world
resulting
from
climate
change
has
also
had
its
effect
on
New
York.
Tens
of
millions
of
people
have
been
fl
ooded
out
of
their
home
villages
in
Bangladesh
by
the
rise
in
sea
leve1,
29
for
example.
Many
of
these
tired
and
poor
have
sought
refuge
here
in
the
traditional
gateway
to
America.
New
York
City
is
overflowing
with
new
immigrants,
exacerbating
the
unemploy-
ment
and
welfare
and
health-care
problems.
In
a
mere
quarter
century,
"business
as
usual"
has
led
to
significant
losses
in
the
metropolitan
area's
quality
-of
-life
assets,
making
the
region
less
attractive
to
an
educated
labor
force.
In
all
probability,
the
region's
mismatch
between
skills
of
the
labor
force
and
demands
of
employers
will
persist.
The
probable
result
of
climate
change
will
be
less
income
equality,
lower
per
capita
growth
in
income,
and
less
economic
well-being
overall.
(Matthew
Bender
&
Co.,
Inc.)
(PUB.004)
194
ENVIRONMENTAL
LAW
IN
NEW
YORK
Sometime
after
the
middle
of
the
21st
century,
nothing
more
was
heard
from
what
was
once
called
the
Alliance
of
Small
Island
States.
Note:
This
scenario
is
a
speculation
by
the
author.
Sources
are
cited
for
some
of
the
factual
information
presented,
but,
of
course,
none
bear
any
responsibility
for
this
paper.
This
article
was
presented
to
the
conference
on
"Biodiversity
and
Climate
Change:
Conservation
in
the
Face
of
Uncertainty,"
American
Museum
of
Natural
History,
New
York,
NY,
May
1,
1999.
Douglas
Hill,
Eng.Sc.D.,
P.E.,
is
a
systems
engineer,
presently
a
consultant
to
the
Regional
Plan
Association
(located
in
New
York,
New
York),
on
climate
change
issues,
and
to
the
Energy
Technology
Systems
Analysis
Programme
of
the
International
Energy
Agency.
He
edited
"The
Baked
Apple?
Metropolitan
New
York
in
the
Greenhouse,"
the
proceedings
of
a
1994
conference
on
the
local
consequences
of
climate
change.
He
served
as
a
reviewer
of
the
Working
Group
III
Second
Assessment
report
of
the
Intergovernmental
Panel
on
Climate
Change.
As
a
consultant
to
Brookhaven
National
Laboratory,
he
helped
develop
the
MARKAL
model
of
the
New
York
State
energy
system
for
projecting
energy
supply
and
demand
technologies,
especially
to
control
carbon
dioxide
emissions.
Dr.
Hill
holds
degrees
of
Eng.Sc.D.
and
M.S.
from
Columbia
University,
and
B.Aero.Eng.
from
Rensselaer
Polytechnic
Institute.
He
is
a
licensed
professional
engineer.
He
was
co-author
of
the
1990
Long
Island
Energy
Plan
prepared
for
the
Long
Island
Regional
Planning
Board,
and
articles
published
in
the
journals
Energy,
Energy
Policy,
and
Science.
1
L.S.
Kalkstein
and
J.S.
Greene,
An
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relation-
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in
large
U.S.
cities
and
the
possible
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of
climate
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Environmen-
tal
Health
Perspectives,
Vol.
105,
No.
1,
Jan.
1997,
p.
91.
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Huang,
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1995
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Center
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Energy
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Lawrence
Berkeley
National
Laboratory,
Fall
1996,
p.
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3
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Kalkstein,
P.F.
Jamason,
J.S.
Greene,
J.
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and
L.
Robinson,
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Development
and
Application,
Summer
1995,
Bulletin
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the
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July
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Tails,
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and
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the
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1995
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report,
LBL-38354,
Lawrence
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National
Labora-
tory,
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CA,
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6
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Global
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and
land
use
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New
York
area:
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of
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1996.
Distributed
by
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Hopkins
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7
Towards
the
21st
century:
a
three-year
research
plan
for
New
York's
energy,
economic,
and
environmental
future,
1997-2000,
New
York
State
Energy
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and
Development
Authority,
Summer
1997,
p.
2-7.
a
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Armstrong,
The
region's
long-term
economic
and
demographic
outlook,
in
D.
Hill,
supra
note
6.
9
A.J.
Broccoli,
The
greenhouse
effect:
the
science
base,
in
D.
Hill,
supra
note
6,
at
p.
23.
10
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Gomitz,
C.
Rosenzweig,
C.
Small,
R.
Goldberg,
and
D.
Rind,
Development
of
climate
scenarios
for
the
Metro
East
Workshop,
presented
to
(Matthew
Bender
&
Co.,
Inc.)
the
Metro
East
Coast
Climate
Impacts
Assessment
Workshop,
23-24
March
1998,
Columbia
University,
New
York,
Table
1.
11
L.S.
Kalkstein
and
J.S.
Greene,
An
evaluation
of
climate/mortality
relationships
in
large
U.S.
cities
and
the
possible
impacts
of
climate
change,
Environmental
Health
Perspectives,
Vol.
105,
No.
1,
Jan.
1997,
p.
91.
12
V.
Gomitz,
C.
Rosenzweig,
C.
Small,
R.
Goldberg,
and
D.
Rind,
Development
of
climate
scenarios
for
the
Metro
East
Workshop,
presented
to
the
Metro
East
Coast
Climate
Impacts
Assessment
Workshop,
23-24
March
1998,
Columbia
Univ.,
New
York,
Table
1.
13
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McCabe,
Jr.,
and
M.A.
Ayers,
Hydrologic
effects
of
climate
change
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Vol.
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No.
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Dec.
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The
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the
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in
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supra
note
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15
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Alpem,
Impact
of
global
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York
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and
the
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id.,
p.
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16
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id.
17
The
decree
of
the
U.S.
Supreme
Court
in
New
Jersey
v.
New
York
et
al.,
Delaware
River,
347
U.S.
995
(1954),
Section
III,
B,
1(c).
la
Metcalf
&
Eddy
and
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&
Sawyer,
Engineering
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for
northern
New
Jersey
-New
York
City
-Western
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metropolitan
area,
Nov.
1971.
19
Parsons,
Brinckerhoff,
Quade
&
Douglas,
Further
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re-
gional
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northern
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2°
L.
Bijlsma,
Coastal
zones
and
small
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Climate
change
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Impacts,
adaptations
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mitigation
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climate
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scientific
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(PUB.004)
