News & Analysis as of

Department of Environmental Conservation

New Draft Guidance Issued On Marine District Permits

by Farrell Fritz, P.C. on

One of the most cherished and an important environmental feature of New York is its shoreline. Not only do people live near, swim and fish in the marine and coastal waters of New York, from the Hudson River near the Tappan...more

New York Proposes First Major Amendments to SEQRA in Over Two Decades, Driven In Part by Statewide Energy Initiatives:...

by Beveridge & Diamond PC on

On January 17, the New York State Department of Environmental Conservation (DEC) released proposed amendments to the State Environmental Quality Review Act (SEQRA) regulations. The proposed amendments represent the first...more

New York State Attorney General Orders Companies to Stop Making Anti-Zika Claims In Connection with Minimum Risk Pesticides and...

by Beveridge & Diamond PC on

On August 3, 2016, the New York State Attorney General issued cease-and-desist letters to seven companies making pesticidal claims to prevent or protect consumers against the Zika virus. The claims at issue were made in...more

NYSDEC Proposes New Solid Waste Rules with Critical Changes to Beneficial Use Determinations

The New York State Department of Environmental Conservation (NYSDEC) recently extended the public comment period to September 13, 2016 for the revisions proposed to the State’s regulations governing solid waste management. ...more

FERC Grants Extension of Time for Natural Gas Storage Company to Construct Expansion Facilities Over More Than 250 Comments in...

by King & Spalding on

On May 16, 2016, the Federal Energy Regulatory Commission granted Arlington Storage Company, LLC (Arlington) a two-year extension of time to construct a previously authorized underground natural gas storage expansion project....more

DEC Issues Revised Regulations to Enable More Properties to Qualify for BCP Tax Credits

On Wednesday, March 9, the New York State Department of Environmental Conservation (DEC) proposed to amend New York State's Brownfields law's implementing regulations to enable more properties to qualify for BCP tangible...more

NYSDEC to Propose Emission Limits for Distributed Generation Sources

by Beveridge & Diamond PC on

The New York State Department of Environmental Conservation is proposing new regulations to impose air emission limits and operating requirements on distributed generation (“DG”) sources. The proposed rules will respond to...more

New York State Department of Environmental Conservation Revises Regulations Governing Bulk Storage Tanks

by Beveridge & Diamond PC on

The New York State Department of Environmental Conservation (NYSDEC) issued revised regulations, effective October 11, 2015, governing the management and bulk storage of petroleum and hazardous substances. Corresponding...more

DEC Explains New Enforcement Initiative to the New York Oil and Gas Industry

by Hodgson Russ LLP on

On September 30, 2015, the New York State Department of Environmental Conservation (DEC) held a public information session regarding DEC enforcement of regulations relating to Petroleum Bulk Storage (PBS), petroleum spills...more

Will NYSDEC's Audit Agreement for Retail Pharmacies Provide a Path to Increased Compliance?

Federal and state hazardous waste handling and disposal requirements, which were established to address issues related to industrial waste generators and disposal facilities, are often a complicated and awkward fit for retail...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 43

by Kelley Drye & Warren LLP on

Fracking Insider Readers: We are pleased to bring you Volume 43 of our State Regulatory Roundup, including updates in California, New York, and Ohio. As we explained in earlier volumes, we designed the Roundup to provide...more

New Application Process Takes Effect for New York Brownfield Cleanup Program, Additional Regulations Pending

by Beveridge & Diamond PC on

The New York State Department of Environmental Conservation (NYSDEC) has announced that as of July 1, 2015, the reformed New York State Brownfield Cleanup Program (BCP) became effective. NYSDEC transitioned to a new...more

Environmental and Energy: NYSDEC Proposes Revisions to Petroleum Bulk Storage, Used Oil and Chemical Bulk Storage Regulations...

The New York State Department of Environmental Conservation (DEC) recently announced the availability of draft revisions to the Petroleum Bulk Storage (PBS), Chemical Bulk Storage (CBS), and Used Oil regulations for public...more

Environmental and Energy: New York State Department of Environmental Conservation Issues Draft Environmental Monitoring Services...

On Wednesday, February 12, 2014, the New York State Department of Environmental Conservation (DEC) issued a draft Commissioner Policy on Environmental Monitoring Services (the Policy). The proposed Policy updates DEC’s...more

New York Landowners Sue Governor Cuomo Over Fracking Review

by BakerHostetler on

A large group of New York property owners have filed suit against Governor Andrew Cuomo, demanding that the state concludes its five-year-long assessment of whether to allow high-volume hydraulic fracturing. The group, called...more

New York State Department Of Environmental Conservation Initiates Audit And Penalty Waiver Policy

The New York State Department of Environmental Conservation ("DEC") has issued a new Environmental Audit Incentive Policy (Commissioner Policy No. 59) that is intended to encourage regulated entities to audit their practices...more

Leaked New York Department of Health Report: Hydraulic Fracturing Can Be Safely Conducted

by BakerHostetler on

A previously confidential New York state agency report analyzing the human health impact of high-volume hydraulic fracturing (HVHF) operations released to a limited number of media outlets last Thursday concludes that HVHF...more

New York DEC Releases Draft Hydraulic Fracturing Regulations, Extends Rulemaking Process

by BakerHostetler on

Yesterday the New York Department of Environmental Conservation (DEC) filed with the New York Department of State a revised draft of its proposed regulations governing hydraulic fracturing in the state....more

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