In mid-March, the U.S. Environmental Protection Agency (EPA) issued a direct final rule approving ASTM International (ASTM) Standard E1527-21 as an additional standard meeting the all appropriate inquiry (AAI) component for...more
The U.S. District Court for the Southern District of New York has dismissed a complaint alleging the defendants contaminated plaintiff’s water systems with per- and polyfluoroalkyl substances (“PFAS”). In a highly detailed...more
In recent years, states have begun investigating the health and environmental effects of PFAS and the class of chemical compounds that have come to be known as “forever chemicals.” This has led states to initiate massive...more
In a case brought by a coalition of environmental groups opposed to the Keystone XL Pipeline project, Judge Brian Morris of the U.S. District Court for Montana issued a ruling on April 15 nullifying Nationwide Permit (NWP)...more
With the deepening of the COVID-19 crisis, the NYS Department of Environmental Conservation (“DEC”) has issued guidance addressing “numerous” questions it has received concerning the potential impact of Executive Order 202.6...more
On January 29, 2020, the NYS Department of Environmental Conservation (“DEC”) issued a new and revised State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity...more
2/5/2020
/ Construction Industry ,
Construction Project ,
Department of Environmental Conservation ,
Discharge of Pollutants ,
Environmental Policies ,
General Contractors ,
General Permit ,
Groundwater ,
Notice of Intent ,
Owner-Operators ,
Storm Water ,
Stormwater Discharge Permits
New York State has positioned itself to claim the mantle of climate leadership on a global scale. But companies are struggling to get projects approved in a regulatory system that is slowed by constrained resources and...more
10/7/2019
/ Asbestos ,
Climate Change ,
Energy Projects ,
Energy Sector ,
Hazardous Substances ,
Historic Preservation ,
Land Use Restrictions ,
Mining ,
Natural Resources ,
NEPA ,
Renewable Energy ,
Wildlife Protection
Earlier this summer the New York State Senate passed a bi-partisan bill (S. 942) to require the Department of Environmental Conservation’s (“DEC”) to adopt regulations governing the collection and disposition of solar panels...more
To ensure that New York state agencies and local governments can meaningfully assess the environmental impact of proposed projects, the State Environmental Quality Review regulations received substantial amendments this year....more
1/10/2019
/ Amended Rules ,
Department of Environmental Conservation ,
Energy Conservation ,
Environmental Impact Report (EIR) ,
Environmental Review ,
Green Infrastructure ,
Sewer Systems ,
State and Local Government ,
Sustainable Communities Strategy ,
Urban Planning & Development ,
Water Conservation
The New York State Department of Environmental Conservation (DEC) has announced the availability of $300,000 in rebates from the state's Environmental Protection Fund to municipalities for the purchase or lease of...more
On March 31, 2018, the New York State Department of Environmental Conservation (“DEC”) opened a public comment period regarding the potential issuance of a State Pollution Discharge Elimination System (SPDES) general permit...more
With President Trump’s recent announcement of import tariffs on solar panels, the domestic solar energy industry now faces an additional challenge – how to continue to generate cost-competitive power in order to continue...more
State agencies and New York State municipalities must have a reasonable basis to deny Freedom of Information Law (“FOIL”) requests or they will be subjected to mandatory attorney’s fees when a denial is successfully...more