On July 24, 2019, the New York State Department of Health (DOH) proposed drinking water standards for perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA). The DOH set the maximum containment level (MCL) for both PFOS and PFOA at 10 parts
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New York’s Landmark Climate Leadership and Community Protection Act Signed Into Law
The waning hours of the 2019 New York State legislative session saw both houses pass an extraordinary piece of legislation. The Climate Leadership and Community Protection Act (“Act”) requires the State to achieve a carbon-free electricity system by 2040 and…
OCR Guidance May Signal Increase in Enforcement Activity Against Business Associates
In 2009, the Health Information Technology for Economic and Clinical Health (HITECH) Act, imposed direct liability on business associates for certain violations of the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules (the “HIPAA Rules”). The resulting 2013 HHS Office for…
Recent Developments in Consumer Privacy Legislation and Cybersecurity Practices
As regulators attempt to keep pace with the ever-changing technological landscape, legislation and agency guidance continue to evolve. Two recent developments worth noting:
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New York Ramping Up Oversight of Chemical Substances in Consumer Products
By Luke Donigan
New York State is quickly ramping up its regulation of chemicals as it relates to consumer products. First, the New York State Department of Environmental Conservation (“DEC”) promulgated new regulations last year, known as the Household Cleansing Product Information Disclosure…
New York State Bans Plastic Bags and Diverts Food Waste
On April 1, 2019, the New York legislature passed the State’s $176 billion budget for fiscal year 2020. Included within the budget were two significant environmental measures aimed at curbing waste: a ban on plastic bags and a requirement that…
New York Repeals ESCO Sales Tax Exemption for Businesses
On April 1, 2019, the State Legislature approved a $175.5 billion budget for 2019-2020, which, among other things, eliminates an important sales tax exemption that allowed certain commercial customers of Energy Service Companies (“ESCOs”) to receive electric and gas supply…
New York Transforms Energy Storage Economics
Throughout the first four years of New York’s Reforming the Energy Vision (“REV”) initiative, the precise role of energy storage has been unclear. There was no energy storage goal, only sparse incentives were available to spur development, the regulatory framework…
Encryption Considerations under Data Breach Notification Laws
All 50 states have enacted their own version of a data breach notification statute requiring notice to affected individuals and/or regulatory bodies in the event of data loss, unauthorized data access or data exfiltration of personally identifiable information (“PII”). Many…
Major Acceleration in Time Frame to Act on Water Quality Certification Requests
By Luke Donigan
Section 401 of the Clean Water Act (“CWA”) provides states and tribes with a mechanism by which they may address the impacts of federally issued permits and licenses, such as dredge and fill permits issued under CWA § 404 and…