Phillips Lytle - Environmental Law

EPA Finalizes Emissions Standards for Vehicles and Fuel

This week, EPA finalized its Tier 3 emission standards designed to reduce air pollution from passenger cars and trucks. The rule establishes new vehicle emissions standards and reduces the sulfur content of gasoline by…more

| Energy & Utilities, Environmental Law, Transportation

NYSDEC Announces Streamlined Procedures for Environmental Easements

On February 20, 2014, the New York State Department of Environmental Conservation (“NYSDEC”) announced streamlined procedures for environmental easements. There has been a significant push from the regulated community for…more

| Environmental Law, Zoning, Planning & Land Use, Real Estate - Commercial

Carbon Capture and Recycling Is Viable, Says EPA, to An Industry In Decline

On Wednesday, EPA published its proposed New Source Performance Standards (“NSPS”) for greenhouse gas emissions in the Federal Register. In its proposed regulations, EPA expresses its determination, despite industry and internal…more

| Energy & Utilities, Environmental Law, Science, Computers, & Technology

Appeals Court Dismisses Legal Challenge to New York RGGI Program

This week, the New York Supreme Court, Appellate Division, Third Department (“Third Department” or “Court”), issued a memorandum decision in the case of Thrun v. Cuomo, dismissing a legal challenge to New York’s involvement in…more

| Civil Procedure, Constitutional Law, Energy & Utilities, Environmental...

EPA’s Future Enforcement Strategy: More Citizen Suits?

In an intriguing post on Law & The Environment, Seth Jaffe notes that, in part because of the ongoing sequester and budgetary concerns, EPA’s future enforcement efforts may rely more heavily on citizen groups. Quoting Cynthia…more

| Environmental Law

EPA’s Future Enforcement Strategy: More Citizen Suits?

In an intriguing post on Law & The Environment, Seth Jaffe notes that, in part because of the ongoing sequester and budgetary concerns, EPA’s future enforcement efforts may rely more heavily on citizen groups. Quoting Cynthia…more

| Environmental Law

Supreme Court Agrees to Hear GHG Emissions Sequel to Mass v. EPA

Today, the Supreme Court granted certiorari to six petitions brought by state and industry groups challenging the EPA’s greenhouse gas emissions regulations for stationary sources. The petitions are seen by many as a sequel to…more

| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

$5 Billion Environmental Bond Act Introduced in New York State Assembly

We must invest in New York State’s environmental infrastructure, says Republican State Senator Mark Grisanti and Democratic Assembly Member Robert Sweeny, both Chairs of Environmental Conservation Committees in the State…more

| Elections & Politics, Energy & Utilities, Environmental Law, Finance &...

Update! – New York State Court of Appeals Takes On Fracking Ban Case

In what will be a precedent-setting decision of national importance, yesterday the New York State Court of Appeals agreed to hear Norse Energy’s appeal of the Third Department’s decision upholding the Town of Dryden’s municipal…more

| Civil Procedure, Civil Remedies, Energy & Utilities, Environmental Law,...

Second Circuit Affirms Exxon Judgment, Rejects Clean Air Act Preemption...

Exxon Mobil Corp. must pay up, so said a three judge panel of the Second Circuit late last month. Opening the door to a flood of litigation concerning the gasoline additive MTBE, the Second Circuit affirmed a jury verdict award…more

| Civil Procedure, Civil Remedies, Conflict of Laws, Energy & Utilities,...

The EPA’s Updated RE-Powering Mapper

As part of its RE-Powering America’s Land Initiative (“RE-Powering Initiative”), the United States Environmental Protection Agency (“EPA”) has released an updated RE-Powering Mapper (“Mapper”) tool to assist with redevelopment…more

| Energy & Utilities, Environmental Law

Asbestos/Vermiculite Guidance

The New York State Department of Health (“DOH”) released a new guidance document to clarify questions and concerns about asbestos in vermiculate-containing materials (July 9, 2013 Guidance Letter”). Previously, the DOH issued a…more

| Environmental Law, Health

Regulation of Biogenic GHG Emissions, From Manure Management And Ethanol...

In 2007, the United States Supreme Court directed EPA to regulate greenhouse gas emissions (“GHG”) as a pollutant under the Clean Air Act. Since that time, EPA has published an Endangerment Finding and issued a series of…more

| Administrative Law, Civil Procedure, Energy & Utilities, Environmental...

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