States and cities are increasingly using their using their police power to regulate mobile source emissions. Warehouses – and the trucks that serve them – are already subject to an “indirect source rule” (ISR) in southern...more
The New York State Department of Environmental Conservation (NYSDEC) recently released draft amendments to State Environmental Quality Review Act (SEQRA) regulations to implement New York’s “Environmental Justice Siting Law,”...more
Based on recent decisions, judicial interpretation of New York’s Environmental Rights Amendment (also called the Green Amendment) continues to evolve. The Green Amendment guarantees New Yorkers a “right to clean air and...more
A New York intermediate appellate court has dismissed claims brought by a nonprofit for alleged violations of New York’s Environmental Rights Amendment, also called the Green Amendment. Fresh Air for the Eastside, Inc. v....more
As part of its ongoing climate policy and environmental justice efforts, the New York State Department of Environmental Conservation (NYSDEC) recently issued policy guidance intended to ensure that the agency’s permitting...more
Two recent trial court decisions provide insight into the enforcement of New York’s Environmental Rights Amendment, also called the “Green Amendment.” The Green Amendment, which took effect on January 1, 2022, guarantees New...more
The New York State Department of Environmental (DEC) announced on June 28, 2018 its adoption of the first major amendments to the State Environmental Quality Review Regulations (SEQR) in more than 20 years....more
On March 12, the Second Circuit held that the New York State Department of Environmental Conservation (NYSDEC) waived its authority to review Millennium’s request for a water quality certification under Section 401 of the...more
On December 7, the Second Circuit rejected the New York State Department of Environmental Conservation’s (DEC) request for a stay of construction of the Millennium Pipeline Co. LLC’s Valley Lateral natural gas pipeline...more
Following the Federal Energy Regulatory Commission (FERC)’s Declaratory Order that the New York State Department of Environmental Conservation (DEC) failed to timely act on an application for a Water Quality Certification...more
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
After nearly four years of planning and evaluation, the Federal Railroad Administration (FRA) released its Preferred Alternative to improve the Northeast Corridor for passenger rail transportation from Washington, DC, to...more
On May 19, 2016, the New York Public Service Commission adopted an order setting forth a new model framework for ratemaking and utility revenue (Ratemaking Order) within the Reforming the Energy Vision program. The...more
On April 20th, the New York State Energy Research and Development Authority (NYSERDA) issued a request for proposals (RFP) for Stage 2 of the NY Prize Community Grid Competition. The NY Prize Competition supports the...more
Valuing Renewable Energy: New York State’s Renewing the Energy Vision (REV) Initiative sets an aggressive goal where 50% of the State’s electricity will be provided by renewable resources by 2030. Several agencies are...more
Standardized Interconnection Requirements (SIR) Modified: On March 18, 2016, the New York State Public Service Commission (PSC) issued an Order Modifying Standardized Interconnection Requirements. The SIR, which has been...more
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
Report - Microgrids for Critical Facility Resiliency in New York State: In addition to aggressively pursuing greenhouse gas emissions reductions, New York’s Reforming the Energy Vision (REV) Initiativeseeks to enhance the...more
Reforming the Energy Vision (REV) Initiative: The New York Times reports that Governor Cuomo will soon direct the New York State Public Service Commission (NYSPSC) to take concrete steps to codify the State’s goal of...more
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
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
The New York State Department of Environmental Conservation (NYSDEC) recently finalized amendments to several regulations primarily concerning hazardous air pollutants. NYSDEC repealed and replaced 6 NYCRR Part 212, Process...more