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In a Much-Anticipated Ruling, New York Appellate Court Dismisses Green Amendment Claims

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

New York Issues Policy for Assessing Impacts of Permits on Disadvantaged Communities

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

Decisions Expansively Interpreting New York’s Green Amendment Create Uncertainty

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

New York adopts final amendments to SEQR, effective January 1, 2019

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

Second Circuit Confirms NYSDEC Waived Water Quality Certification Authority by Delaying Decision on Application

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

Second Circuit to Expedite Review of Whether NYSDEC Waived Jurisdiction Over Water Quality Certification, After Denying Stay of...

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

When Does the Race Start? New York Department of Environmental Conservation Requests Rehearing of Federal Energy Regulatory...

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

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

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

NEC Future Names Preferred Alternative and Releases the Final Tier 1 Environmental Impact Statement

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

New Ratemaking Order Revamps Conventional Cost-of-Service Ratemaking for New York Utilities

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

New York State’s Microgrid Development Incentives: NYSERDA Rolls Out Stage 2 of NY Prize Competition

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

Valuation of Distributed Energy Resources under New York State’s REV Initiative

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

New York State Modifies Standardized Interconnection Requirements

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

NYSDEC to Propose Emission Limits for Distributed Generation Sources

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’s Microgrid Development Incentives

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

New York State To Order That 50% Of Power Consumed By New Yorkers Be From Renewable Sources By 2030

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

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

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

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

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

New York Finalizes Updates to Regulation of Hazardous Air Pollutants

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

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