The New York State Department of Environmental Conservation (NYSDEC) recently released draft amendments to State Environmental Quality Review Act (SEQRA) regulations to implement New York’s “Environmental Justice Siting Law,”...more
Based on recent decisions, judicial interpretation of New York’s Environmental Rights Amendment (also called the Green Amendment) continues to evolve. The Green Amendment guarantees New Yorkers a “right to clean air and...more
A New York intermediate appellate court has dismissed claims brought by a nonprofit for alleged violations of New York’s Environmental Rights Amendment, also called the Green Amendment. Fresh Air for the Eastside, Inc. v....more
As part of its ongoing climate policy and environmental justice efforts, the New York State Department of Environmental Conservation (NYSDEC) recently issued policy guidance intended to ensure that the agency’s permitting...more
Companies should take note and be prepared to respond quickly to more—and more aggressive—EPA enforcement, on the heels of two new enforcement initiatives announced by David Uhlmann, the recently confirmed Assistant...more
This practice note provides an overview of the Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq., and discusses the obligations of real estate developers and property owners with respect to the ESA. Congress enacted the...more
Two recent trial court decisions provide insight into the enforcement of New York’s Environmental Rights Amendment, also called the “Green Amendment.” The Green Amendment, which took effect on January 1, 2022, guarantees New...more
On October 5, 2022, New York Governor Kathy Hochul signed a bill allowing public water suppliers to prosecute previously time-barred claims relating to emerging contaminants in their water supply wells. N.Y. CPLR 214-h...more
In an anticipated move, the U.S. Fish & Wildlife Service and National Marine Fisheries Service (the “Services”) have announced plans to again overhaul Endangered Species Act (ESA) regulations. In this latest example of “to...more
On March 18, 2021, the Federal Energy Regulatory Commission (FERC) adopted a Final Rule requiring state agencies to issue Clean Water Act (CWA) Section 401 water quality certificates within one year of receiving a request or...more
Acting in response to a Trump Administration Executive Order instructing federal agencies to reduce regulatory uncertainties and expedite construction of energy infrastructure, the Federal Energy Regulatory Commission (FERC)...more
On Wednesday, July 15, 2020, the Council on Environmental Quality (CEQ) published a Final Rule updating its regulations implementing the National Environmental Policy Act (NEPA) across the federal government. 85 Fed. Reg....more
Long-sought reforms to Endangered Species Act (ESA) implementation have arrived. On August 27, 2019, the U.S. Fish and Wildlife Service (FWS) and U.S. National Marine Fisheries Service (NMFS) finalized regulations (the 2019...more
On August 8, 2019, the U.S. Environmental Protection Agency (EPA) published a proposed rule to revise its regulations (40 C.F.R. Part 121) implementing Section 401 of the Clean Water Act (CWA), 33 U.S.C. § 1341. The proposed...more
On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued nonbinding guidance clarifying and providing recommendations regarding the implementation of Section 401 of the Clean Water Act, 33 U.S.C. § 1341. Most...more
On April 10, 2019, President Trump signed two executive orders intended to address a range of legal and procedural hurdles commonly facing infrastructure projects, particularly in the energy sector. Most notably, the...more