Public hearing dates have been set to discuss the January 1, 2025, rule changes affecting freshwater wetlands jurisdiction and classification in New York.
The hearings will be held virtually on WebEx at 1:00 p.m. and 6:00...more
On June 28, 2024, the U.S. Supreme Court issued a decision in Loper Bright Enterprises v. Raimondo, and a companion case entitled Relentless, Inc. v. Raimondo, that upended a 40-year-old paradigm of judicial review of federal...more
7/2/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
The New York State Department of Environmental Conservation (NYSDEC) recently issued an Advanced Notice of Proposed Rule Making (ANPR) seeking written input on the development of updated Freshwater Mapping and Classification...more
On May 23, 2023, the U.S. Supreme Court finally issued its decision in Sackett v. U.S. Environmental Protection Agency, which significantly rolls back the scope of wetlands the U.S. Environmental Protection Agency (“EPA”) and...more
6/19/2023
/ Clean Water Act ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Rapanos v US ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The U.S. Army Corps of Engineers (“Corps”) and the U.S. Environmental Protection Agency (“EPA”) have adopted a final rule re-defining the scope of the “waters of the United States” (“WOTUS Final Rule”) subject to federal...more
ASTM E1527-21 to Replace ASTM E1527-13 -
On December 15, 2022, U.S. EPA published in the Federal Register its final rule updating its AAI Rule, recognizing ASTM E1527-21 as a method for meeting the AAI requirements for...more
The Inflation Reduction Act of 2022 (the “IRA”), signed by President Biden into law on August 16, promises to further invigorate an already booming sector of the economy – the renewables industry and energy transition sector....more
9/2/2022
/ Biden Administration ,
Department of Energy (DOE) ,
Energy Sector ,
Energy Tax Incentives ,
Environmental Justice ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
Production Tax Credit ,
Renewable Energy ,
Solar Energy ,
Wind Power
Lenders need to consider the scope and extent of the Phase I Environmental Site Assessment (“Phase I ESA”) they routinely utilize in connection with the acquisition and financing of real estate projects. The Environmental...more
In mid-March, the U.S. Environmental Protection Agency (EPA) issued a direct final rule approving ASTM International (ASTM) Standard E1527-21 as an additional standard meeting the all appropriate inquiry (AAI) component for...more
There were two important developments for the Clean Water Act (“CWA”) in April 2020. First, on April 21, 2020, the Environmental Protection Agency (“EPA”) published the Navigable Waters Protection Rule (NWR”) in order to...more
The Department of Environmental Conservation has made additional procedure changes to adapt to the COVID-19 pandemic, with the goal of mitigating the risk of exposure to the virus.
In addition to authorizing the use of...more
In light of COVID-19, the New York State Department of Environmental Conservation (DEC) recently published a direction letter addressing safety concerns regarding the collection of required signatures on waste shipping papers...more
With the deepening of the COVID-19 crisis, the NYS Department of Environmental Conservation (“DEC”) has issued guidance addressing “numerous” questions it has received concerning the potential impact of Executive Order 202.6...more
On March 26, 2019, the United States Environmental Protection Agency (“EPA”) released a new policy, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance.” The seven-page document outlines a temporary policy...more
To ensure that New York state agencies and local governments can meaningfully assess the environmental impact of proposed projects, the State Environmental Quality Review regulations received substantial amendments this year....more
1/10/2019
/ Amended Rules ,
Department of Environmental Conservation ,
Energy Conservation ,
Environmental Impact Report (EIR) ,
Environmental Review ,
Green Infrastructure ,
Sewer Systems ,
State and Local Government ,
Sustainable Communities Strategy ,
Urban Planning & Development ,
Water Conservation
Governor Cuomo’s recently released Executive Budget may not be well received amongst those planning on redeveloping urban areas, restoring historic structures, remediating contaminated real property or proposing affordable...more
1/30/2018
/ Biofuel ,
Brownfield Properties ,
Electric Vehicles ,
Environmental Remediation Costs ,
Governor Cuomo ,
Green Buildings ,
Historical Rehabilitation ,
Low Income Housing ,
Proposed Legislation ,
Real Estate Development ,
Tax Credits ,
Tax-Deferred Exchanges