Environmental Claims Journal (ECJ) renamed the JOURNAL OF ENVIRONMENTAL RISK, IMPACT, AND CLAIMS (JERIC)

Dr. Robert A. Michaels, founder and principal scientist of RAM TRAC Corporation, is a toxicologist specializing in assessment and management of environmental risks potentially posed to human health. 

Michaels recently was appointed Co-Editor-in-Chief (with attorney Mark Heinzelmann) of the recently renamed Environmental Claims Journal.  The name change to JOURNAL OF ENVIRONMENTAL RISK, IMPACT, AND CLAIMS (JERIC) reflects 38 years of evolution of the journal's unique scope and identity, which is at the intersection of environmental and public health sciences with insurance and legal claims. 

Like all successful journals, JERIC grows and adapts, shaped by emerging science, professional practice, and the perspectives of its editors and contributors. The new name reflects this growth, and the journal’s new forest green cover is more ecological, as recommended by Howard M. Tollin, Esq., JERIC's outgoing Editor-in-Chief of 12 years, and architect of the Journal’s current incarnation. As author of the introductory editorial, Michaels expressed gratitude to attorney Howard Tollin for his long-time leadership and vision, and to publisher Taylor and Francis for its editorship vision, combining the perspectives of a scientist and an attorney. 

The scope of JERIC extends beyond insurance and legal claims. Environmental claims — whether insurance-related, legal, or regulatory — do not arise in isolation. They are the downstream result of a sequence: environmental risks may give rise to impacts, and impacts to claims. The Journal's new title embraces this full continuum, making explicit what long has been implicit in its pages. It invites expanded interest and, hopefully, expanded readership. 

Environmental risks, impacts, and claims may stem from substances or other stressors that typically may be present, or that are introduced into, natural, agricultural, or occupational settings (among others). Such stressors may originate from biological processes, as often is the case in epidemiology, or from agricultural, commercial, or industrial activities. In complex settings, impacts may arise from multiple sources. Accordingly, scientific assessment and apportionment of the sources of risk and impact remain central challenges for resolution of insurance and legal claims. 

Whether naturally occurring or anthropogenic, environmental stressors may pose risks to ecosystems, to public health, and/or to occupationally or socially exposed populations. Risks may materialize as straightforwardly measurable or difficult-to-measure health and/or environmental impacts, documented through qualitative or quantitative environmental, occupational, and health risk assessments. In turn, impacts may generate economic damages, insurance claims, and legal actions, together acting toward determining and apportioning responsibility, allocating liability, securing just compensation, and identifying risk management options. 

By explicitly recognizing risk and impact alongside claims, the Journal affirms its commitment to spanning the full gamut of component environmental issues — from sources and exposures to consequences, accountability, and resolution.  

Accordingly, readers are referred to its updated Aims and Scope statement [https://www.tandfonline.com/journals/becj21/about-this-journal#aims-and-scope]. This broader framing better reflects the multidisciplinary and unique nature of JERIC's scope, and may foster deeper connections between scientists and attorneys, regulators and administrators. 

All are welcomed to visit JERIC's new incarnation, Volume 38 on the Internet, by clicking on https://www.tandfonline.com/journals/becj21.

 

Selected items posted on the Internet during the week ending October 23, 2026

A Guide to AI Recruitment Technology for Public Sector Hiring Learn how AI-assisted recruiting can help agencies identify qualified candidates sooner, reduce sourcing work and manage the compliance and security considerations that come with hiring technology. DOWNLOAD

Transforming First Responder Operations With Network Slicing During major incidents, network congestion can make it harder for public safety teams to access the data and applications they rely on. This guide explores how dedicated network resources and priority access can help maintain secure, reliable communications when demand spikes. DOWNLOAD

Outdated software is now a public trust risk See how digital experience shapes citizen satisfaction in Springbrook’s 2026 Citizen Trust and Digital Expectations Survey. LEARN MORE

What IT Teams Require Before AI Acts Buyers want autonomy, not blind trust. G2 research shows 83% need audit trails and rollback before AI acts. Get the Report

Record-high diesel prices are putting pressure on public transit budgets, but some agencies have locked in fuel costs ahead of time through hedging The practice can offer budget predictability, though it carries financial risks and political pitfalls when prices fall. Read More

Communications Resiliency for the Government Workforce This paper explains how agencies can consolidate calling, messaging and collaboration on a single platform to strengthen mobility and continuity of operations. DOWNLOAD

Groups that local governments count on to fill service gaps in the face of cuts to federal programs like SNAP and Medicaid are losing staff and cutting programs Read More

Better User Experiences, Better Government: Designing the Modern Workplace Explore how the Texas Teachers Retirement System redesigned its workplace to create a more seamless employee experience, improve collaboration and reduce IT complexity. DOWNLOAD

Improve productivity by 70% with one unified platform Tanium unifies exposure identification, prioritization, and remediation, so IT and Security stop working across different truths. See a Demo

As fears about doomsday scenarios mount and the federal government drags its feet state governments find themselves at the fore of regulating artificial intelligence. Read More

Join/Renew Thursday, January 21, 2027 New York Hilton Midtown, 1335 6th Ave, New York, NY Register Today Take advantage of early bird savings for the 2027 Annual Conference! Register by November 2, 2026, to save $100 on your general registration fee or take advantage of the Early Bird All Access Pass for just $595. The All Access Pass gives you access to the Environmental and Energy Law Section programming, the inaugural NYSBA Tech Summit, and additional Section events of your choosing—offering even more opportunities for education, innovation, and networking. Don’t miss your chance to save and make the most of your Annual Conference experience. Register today before early bird pricing ends!   Thursday, January 21, 2027 Local and State Government Law Section MCLE Program 8:45 a.m. - 4:15 p.m. Reserve Your Room Today Book Hotel Book your room by January 4, 2027, to receive the discounted group rate. Special Events NYSBA Tech Summit Tuesday, January 19 - Thursday, January 21 Wellness and Self-Care Expo Tuesday, January 19 - Friday, January 22 Presidential Summit: Civics Convocation Wednesday, January 20 | 1:00 p.m. - 4:00 p.m. Constance Baker Motley Symposium Wednesday, January 20 | 4:30 p.m. - 6:00 p.m. President's Reception: A Celebration of Leadership Wednesday, January 20 | 6:00 p.m. - 8:00 p.m. Annual Meeting of the Association Friday, January 22 | 8:30 a.m. - 9:00 a.m. This notice was Emailed to NYPER by the New York State Bar Association, One Elk Street Albany, NY, 12207, USA Posted Pro Bono by New York Public Personnel Law, a Law Blog.

Defendants' motion for summary judgment dismissing Plaintiffs' complaint granted on showing that Plaintiffs failed to file a timely notice of claim

The Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Westchester County Local #860, Town of Eastchester Unit #9227 and the Town of Eastchester had entered into a collective bargaining agreement [CBA] which provided, among other things, that "seniority shall be the determining factor for selection to a vacant position where all other factors are equal". 

The Town created a new general foreman position, for which two applicants, A and B, had applied. The Town adopted a resolution appointing B to the position. CSEA, on behalf of B, filed a grievance pursuant to the terms of the relevant CBA and ultimately the parties proceeded to non-binding arbitration in accordance with terms set out in the CBA. 

The arbitrator issued an award in favor of CSEA and A [Plaintiffs], which award was rejected by the Town's Board and B [Defendants].

Plaintiffs commenced the instant action against the Defendants seeking damages for breach of contract and for related injunctive and declaratory relief. After joinder of issue, Defendants moved, inter alia, for summary judgment dismissing Plaintiffs' complaint. Supreme Court, among other things, granted that branch of Defendants' motion for summary judgment dismissing the Plaintiffs' complaint. The Plaintiffs appeal the Supreme Court's ruling.

The Appellate Division, citing Dannemann v Town of E. Hampton Dept. of Land Acquisition & Mgt., 221 AD3d 960, and other decisions and Town Law §65[3]), observed that "The filing of a notice of claim is . . . a condition precedent to the maintenance of an action against a town arising out of the contractual relationship between a plaintiff and a town".  Further, the Appellate Division noted that "Under Town Law §65(3), no action shall be maintained against a town upon or arising out of a contract entered into by the town . . . unless a written verified claim shall have been filed with the town clerk within six months after the cause of action shall have accrued", pointing out that "[I]n contrast to other notice statutes, Town Law §65(3) contains no provision allowing the court to excuse noncompliance with its requirements'".

Observing that Plaintiffs had failed to file a notice of claim, and, contrary to the Plaintiffs' contention, the Appellate Division pointed out that "an exception to the Town Law §65(3) notice of claim requirement is only applicable where a plaintiff has pleaded an ongoing or continuing violation, which the complaint in the present action did not."

As Plaintiffs sought both the recovery of damages and equitable relief, the Appellate Division opined that "the filing of a notice of claim was a condition precedent to the maintenance of this action" and concluded that Supreme Court had properly granted that branch of Defendants' motion which was for summary judgment dismissing the complaint". 

Click HERE to access the Appellate Division's decision posted on the Internet.

Appointing authority may disregard the resignation of an employee in the classified service served with Civil Service Law Section 75 disciplinary charges

Supreme Court denied Petitioner's motion for leave to renew the denial of his 2017 petition brought pursuant to CPLR Article 78 seeking judicial annulment of the City of New York et al's [Respondents] determinations terminating Petitioner's employment at the Administration for Children's Services and disqualifying him from employment with the New York City Taxi and Limousine Commission. In addition, Supreme Court imposed sanctions on the Petitioner.

Petitioner appealed the instant decision of the Supreme Court, which ruling was unanimously affirmed by the Appellate Division.

The Appellate Division said that the Supreme Court "providently exercised its discretion in denying [Petitioner's] motion to renew — his fourth — because he did not present any new evidence that would change the prior determination to dismiss the article 78 petition", citing Henry v Peguero, 72 AD3d 600, appeal dismissed, 15 NY3d 820.

Notwithstanding Petitioner's contention that a Kings County Supreme Court issued an order in an April 2025 ruling indicating that Petitioner "resigned from his position rather than being terminated" did not constitute new evidence, citing LFR Collections LLC v Blan Law Offs., 117 AD3d 486 and noting that the Appellate Division had affirmed the dismissal of Plaintiff's petition then at issue, opining that "the Administration for Children's Services properly elected to disregard [Petitioner's] resignation and prosecute the charges of misconduct against him under 4 NYCRR 5.3(b)"*, citing Matter of Patterson v City of New York, 173 AD3d 540. 

In the words of the Appellate Division, "The finding by the Kings County Supreme Court that [Petitioner] resigned therefore does not change the outcome in any of the prior decisions in this case", again citing LFR Collections, 117 AD3d at 487.

*4 NYCRR 5.3(b), in relevant part, provides "Notwithstanding the provisions of this subdivision, when charges of incompetency or misconduct have been or are about to be filed against an employee, the appointing authority may elect to disregard a resignation filed by such employee and to prosecute such charges and, in the event that such employee is found guilty of such charges and dismissed from the service, his termination shall be recorded as a dismissal rather than as a resignation."

Click HERE to access the decision of the Appellate Division posted on the Internet.

Requesting the reconsideration of an administrative decision does not extend the running of the statute of limitations to appeal that decision

In this action to recover damages for alleged employment discrimination on the basis of disability in violation of the New York State Human Rights Law and the New York City Human Rights Law, Supreme Court granted the Employer's [Defendant] motion to dismiss the Plaintiff's complaint. Plaintiff appealed the Supreme Court's decision.

The Appellate Division, noting that:

1. Actions alleging discrimination under the NYSHRL and NYCHRL must be commenced within three years after the alleged unlawful discriminatory practice or act of discriminatory harassment; and 

2. An employment discrimination claim accrues on the date that an adverse employment determination is made and communicated to the plaintiff. 

Plaintiff failing to establish his entitlement to a disabled veteran's credit started the running of the applicable statute of limitations. 

Plaintiff's written request seeking administrative reconsideration of Defendant's decision to withdraw the Plaintiff's disabled veteran's credit did not toll the statute of limitations, nor did it allow the Plaintiff to circumvent the statute of limitations by demanding that the Defendant change its determination and thereafter commencing an action when that demand was refused. Indeed, the Appellate Division's decision points out the Plaintiff commenced the instant action almost five years after Defendant notified the Plaintiff that he was ineligible for a disabled veteran's credit.

In the words of the Appellate Division: "Supreme Court properly granted the [Defendant's] motion pursuant to CPLR 3211(a) to dismiss the complaint and dismissed Plaintiff's appeal of the Supreme Court's decision.

Click HERE to access the Appellate Division's decision posted on the Internet.

Selected New York State Education Law §§306 or 310 administrative decisions by New York State's Commissioner of Education

Decision No. 18,854 - Application for the removal of a trustee of the Board of Education of the Enlarged City School District of the City of Middletown. Click HERE to access the Commissioner's decision posted on the Internet. 

Decision No. 18,855 - Application for the removal of trustees of the Board of Education of the Enlarged City School District of Middletown. Click HERE to access the Commissioner's decision posted on the Internet.

Decision No. 18,860 - Appeal from action of the Board of Education of the Pine Valley Central School District regarding financial practices. Click HERE to access the Commissioner's decision posted on the Internet. 

Decision No. 18,861 - Appeal of action of the Board of Education of the Kenmore-Tonawanda Union Free School District regarding a personnel matter. Click HERE to access the Commissioner's decision posted on the Internet.