News & Analysis as of

Environmental Policies Department of Environmental Conservation

Harris Beach PLLC

EPA Finalizes Long-Awaited National PFAS Drinking Water Standard

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On April 10, 2024, EPA issued the first-ever national, legally enforceable drinking water standard for five individual per-and polyfluoroalkyl substances (PFAS): PFOA, PFOS, PFNA, PFHxS, HFPO-DA (so-called, “GenX chemicals.”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Bartlett...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 22nd proposed Order and Assessment (“Order”) to Diamond Investment LLC (“DI”). See Case No. UST23-0151. The Order provides that DI is the...more

Troutman Pepper

NYSDEC Sends Letter Outlining Upcoming BCP Submittal Milestones

Troutman Pepper on

On July 20, the New York State Department of Environmental Conservation (NYSDEC) sent a letter to Brownfield Cleanup Program (BCP) applicants, consultants, and attorneys that provides an update regarding 2023 Certificate of...more

Farrell Fritz, P.C.

NYSDEC Mining Law Appears Further Undermined by the Court of Appeals

Farrell Fritz, P.C. on

Last month, the State’s highest court, the Court of Appeals, upheld the Appellate Division’s decision annulling the New York State Department of Environmental Conservation (DEC) issuance of permits to Sand Land Corporation...more

Goldberg Segalla

While the Crypto Financial World Burns, New York Passes Law Preventing Crypto Miners from Burning More Fossil Fuels

Goldberg Segalla on

A few weeks after her election as New York’s first female governor, and a couple days before New Yorkers sat down to Thanksgiving dinner, Gov. Kathy Hochul on Nov. 22 finally signed an environmental conservation moratorium on...more

Farrell Fritz, P.C.

Nearly 5 Years After Historic Update, New York’s Part 360 Solid Waste Regulation Series Remains a Work in Progress

Farrell Fritz, P.C. on

For the New York State Department of Environmental Conservation (“NYSDEC” or “Department”), discretion has been the better part of valor when considering enforcement of certain provisions of the Revised Part 360 Solid Waste...more

Goldberg Segalla

New York State Continues to Slow Down Accelerating Crypto Mining Industry Growth Upstate

Goldberg Segalla on

Just weeks after both houses of the New York State legislature finally passed an environmental-conservation moratorium on new cryptocurrency mining operations (as previously reported by ELM here: New York is Ready to Attack...more

Beveridge & Diamond PC

NYSDEC to Hold Public Hearings on August 17, 2021 About Proposed Revisions to State’s Petroleum and Chemical Bulk Storage Programs

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On August 17, 2021, the New York State Department of Environmental Conservation (NYSDEC) will hold two public hearings (2:00PM and 6:00PM EDT) regarding the Department’s proposed regulations revising the State’s Chemical Bulk...more

Husch Blackwell LLP

The UN Report On Climate Change: What Does It Have To Do With Cannabis And Wine In The US?

Husch Blackwell LLP on

Key Takeaways: •The recently released IPCC Report shows irreversible harm to the global ecosystem. •Fund managers focused on ESG criteria will have an increased focus on environmentally conscious companies and substantial...more

Sheppard Mullin Richter & Hampton LLP

New York Moves Further Toward Implementation of Climate Leadership and Community Protection Act with Final Statewide Greenhouse...

On December 30, 2020, New York State’s Department of Environmental Conservation (the “Department”) promulgated statewide ambient limits on greenhouse gas (“GHG”) emissions for the years 2030 and 2050 (the “Regulations”). The...more

Farrell Fritz, P.C.

Prior Agreement Limiting Waste Processing Trumps DEC Renewal Permit

Farrell Fritz, P.C. on

In Incorporated Village of Lindenhurst v. One World Recycling, LLC, et al., the Second Department reversed the lower court’s denial of permanent injunctive relief, in large part based on the existence of prior agreements...more

BCLP

New York State Is Moving Forward to Implement the Climate Leadership and Community Protection Act

BCLP on

The State of New York is mobilizing to implement the economy-wide greenhouse gas (“GHG”) emission reductions required by the New York Climate Leadership and Community Protection Act (“CLCPA”). This landmark statute, which...more

Stoel Rives LLP

Alaska Department of Environmental Conservation Issues No Action Assurance Memorandums in Response to COVID-19 Caused...

Stoel Rives LLP on

Last week, the Alaska Department of Environmental Conservation (“ADEC”) issued two No Action Assurance Memorandums, one from the Division of Water (“Water Memo”) and one from the Division of Air Quality (“Air Memo”), to...more

Brownstein Hyatt Farber Schreck

EPA Issues Enforcement Discretion Policy During COVID-19

The Environmental Protection Agency (EPA) has issued a memorandum describing how and when the Agency will implement temporary enforcement discretion for certain federal environmental noncompliance during the COVID-19...more

Bergeson & Campbell, P.C.

NYSDEC Will Hold Public Meeting To Discuss Amendments To The Household Cleansing Product Regulations

The New York State Department of Environmental Conservation (NYSDEC) will hold a public meeting on February 24, 2020, at 1 p.m. (EST) in Albany, New York, “to discuss amendments to the household cleansing product rules that...more

Harris Beach PLLC

NYSDEC Issues Revised General Permit for Stormwater Discharges from Construction Activity

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On January 29, 2020, the NYS Department of Environmental Conservation (“DEC”) issued a new and revised State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity...more

Beveridge & Diamond PC

New York Enacts Legislation Requiring Paint Manufacturers to Establish a Program for Collection and Recycling of Unused Consumer...

New Yorkers will soon have a convenient way to ensure that their unwanted and unused paints are properly recycled. On December 16, 2019, Governor Cuomo signed into law the Postconsumer Paint Collection Program, a law that...more

Flaster Greenberg PC

NESE: Governor Cuomo Will Decide – And NYC Will Face The Consequences

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While little noticed outside of the energy industry, New York Governor Andrew Cuomo is about to make one of the seminal decisions of his tenure. Before May 16, 2019, Governor Cuomo must decide whether to allow the New York...more

Farrell Fritz, P.C.

NYSDEC Proposes Revisions to the SEQR Handbook to Conform with Recent Amendments to the SEQR Regulations

Farrell Fritz, P.C. on

The New York State Department of Environmental Conservation (NYSDEC) is proposing significant revisions to its State Environmental Quality Review Act (SEQR) Handbook to conform with recently-adopted amendments to the SEQR...more

Farrell Fritz, P.C.

Long-Awaited SEQRA Amendments Are Finally Here: So What Are They, and What Do They Mean?

Farrell Fritz, P.C. on

After six years and vigorous public comment, the New York State Department of Environmental Conservation (DEC) has adopted substantive amendments to the implementing regulations of the State Environmental Quality Review Act...more

Manatt, Phelps & Phillips, LLP

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

Bond Schoeneck & King PLLC

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

Bond Schoeneck & King PLLC

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

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