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
Environmental Law Post
The Environmental Law Post, published by Phillips Lytle LLP, focuses on legal issues related to environmental regulation and compliance. It covers topics such as brownfield redevelopment, contaminated site management, environmental litigation, and regulatory developments including EPA policies and Supreme Court decisions affecting environmental law. The blog also addresses emerging contaminants like PFAS, renewable energy project development, and environmental impact reviews under SEQRA. It provides updates on enforcement discretion policies, government incentives, and transactional due diligence related to environmental matters. The content is aimed at practitioners and stakeholders involved in environmental law, energy regulation, and land use permitting.
Latest from Environmental Law Post - Page 2
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…
Third Circuit Holds Owner Liable for Pre-Acquisition Remediation Costs under CERCLA
The Third Circuit recently concluded that the owner of a remediated site could be liable under Section 107(a) of CERCLA for remediation costs incurred prior to its acquisition of the property. Pa. Dep’t of Envtl. Prot. v. Trainer Custom Chem.…
Fifth Circuit Court of Appeals Holds Sovereign Immunity Bars CERCLA Action Against State Agencies and Universities
Earlier this month, the Fifth Circuit held that sovereign immunity protected a number of state agencies and universities from Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) liability. Generally stated, sovereign immunity is a legal doctrine that prohibits private individuals…
EPA Proposes to Replace Clean Power Plan with Affordable Clean Energy Rule
On August 21, 2018, the Environmental Protection Agency (“EPA”) proposed a new rule which would replace the Obama-era Clean Power Plan (“CPP”) and establish new emissions guidelines for states to address greenhouse gas (“GHG”) emissions from electric-generating power plants. As…
EPA Recommends Use of Adaptive Management Techniques at Superfund Sites
By Luke Donigan
Earlier this month, the United States Environmental Protection Agency (“EPA”) issued a memorandum that defines Adaptive Management (“AM”) and calls for its expanded implementation at Superfund sites across the country. The push for AM derives from one of many recommendations…
New York State Department of Environmental Conservation Announces the Adoption of Revisions to the Regulations that Implement the State Environmental Quality Review Act
Last Thursday, Basil Seggos, the Commissioner of the New York State Department of Environmental Conservation (“NYSDEC”) announced the first major update to New York’s State Environmental Quality Review Act (“SEQRA”) regulations in over 20 years. SEQRA establishes a process to…
CERCLA Changes Bring More Funding for Cleanups and Comfort for Tenants
New revisions to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) have been enacted as part of the Brownfields Utilization, Investment, and Local Development Act of 2018 (“BUILD Act”). Key changes include extension of the Bona Fide Prospective Purchaser…
Additional Proposed Revisions to NY SEQRA Regulations Released, Removing a Number of Proposed Type II Actions from Consideration
By Adam Walters
Co-location of wireless antennas, as well as a handful of other actions, may be removed from the previously proposed list of Type II actions that would not be subject to New York’s State Environmental Quality Review Act (“SEQRA”). These and…
DEC Undertaking Statewide PFAS Evaluation at Remediation Sites
The New York State Department of Environmental Conservation (“DEC”) is requiring owners of remediation sites across the State (including those already remediated to DEC’s satisfaction) to analyze and report on the presence of 1,4-dioxane and per- and polyfluoroalkyl substances (collectively…