Phillips Lytle Partner and Team Leader of the firm’s Environmental Practice, David P. Flynn, was recognized, for the second year in a row, as a power leader on City & State’s 2022 Energy & Environment Power 100 list.
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Two Recent Groundbreaking Supreme Court Decisions Change the Environmental Law Landscape
It is not often that the Supreme Court takes on significant environmental cases – and in this instance – two significant decisions were issued by the Court within a month of each other.
For overviews and key takeaways of these…
EPA Issues Interim Guidance for Site Field Work Decisions Due to the COVID-19 Pandemic
On April 10, 2020, the United States Environmental Protection Agency (EPA) issued its anticipated Interim Guidance (Guidance) to regional offices on field work at contaminated sites during the COVID-19 pandemic. The Guidance follows EPA’s earlier interim guidance on enforcement discretion,…
EPA Enforcement Discretion Policy in Response to COVID-19 Pandemic
On March 26, 2020, the Environmental Protection Agency (EPA) issued guidance regarding enforcement discretion in light of the COVID-19 pandemic. The guidance acknowledges that COVID-19 may impair compliance with environmental laws and regulations and sets forth the steps that regulated…
EPA Announces Preliminary Determination to Regulate PFOS and PFOA
On February 20, 2020, the U.S. Environmental Protection Agency (EPA) announced its preliminary determination to regulate perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The preliminary determination marks an important step in setting maximum contaminant levels (MCL) for PFOS and PFOA.…
The Navigable Waters Protection Rule Narrows the Scope of Clean Water Act Jurisdiction
On January 23, 2020, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) (collectively, “Agencies”) finalized the Navigable Waters Protection Rule, which redefines the jurisdictional scope of the Clean Water Act (CWA or “Act”). The new…
New York State Public Service Commission Flexes “Just and Reasonable” Muscle to Impose Sweeping Reforms to Energy Marketplace
The New York State Public Service Commission (“Commission”) leveraged an unprecedented interpretation of its “just and reasonable” regulatory authority to impose drastic changes to the retail energy marketplace, which will have ripple effects on Renewable Energy Credit (REC) markets, retail…
Reset 2.0?
Public Service Commission Resets Retail Energy Marketplace:
All ESCOs Required to Re-Register Under New Rules and Completely Revise Product Offerings
On December 12, 2019, the New York State Public Service Commission (“Commission”) voted to reset the retail energy marketplace by…
New York Proposes MCLs for PFOS and PFOA
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…
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…