In January 2024, New York State Department of Environmental Conservation (DEC) released an Advanced Notice of Proposed Rulemaking (ANPR), which sought written stakeholder input as DEC began to develop regulations to, at least...more
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
The saga of judicial efforts to enforce the one-year limit on state review of applications for water quality certifications under Section 401 of the Clean Water Act shows no sign of reaching a conclusion. First, in Hoopa...more
New stormwater requirements will cost property owners hundreds of millions of dollars - The House Committee on Corrections and Institutions received a primer this week on the history behind the 3-acre general permit,...more
The Tennessee Department of Environment and Conservation (“TDEC”) and Lauren and Hope Property, Inc. (“LHPI”) entered into a January 4th Settlement Agreement and Order (“Agreement”) addressing alleged violations of Tennessee...more
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
The New York State Department of Environmental Conservation (NYSDEC) just released its new Guidance for Sampling and Analysis of PFAS Under NYSDEC’s Part 375 Remedial Programs January 2020. ...more
“Operation Pay Dirt” was a joint investigation by the Suffolk County District Attorney’s Office, the New York State Department of Environmental Conservation (NYSDEC), and the Suffolk County Police Department. It investigated...more
The Tennessee Department of Environment and Conservation (“TDEC”) and MHC Truck Leasing, Inc., (“MHC”) entered into a November 26th Settlement Agreement and Order (“Settlement”) addressing alleged violations of certain...more
A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial...more
In a significant victory for industry, on August 27, 2019, the State of New York Supreme Court invalidated the New York Department of Environmental Conservation (NYDEC) Household Cleansing Product Information Disclosure...more
The Tennessee Department of Environment and Conservation (“TDEC”) and Carroll’s Roofing & Construction, LLC, (“CRC”) entered into an August 6th Settlement Agreement and Order (“Agreement”) addressing an alleged violation of...more
The New York State Legislature passed legislation on Tuesday, April 30, that requires the state’s Department of Environmental Conservation (DEC) to publish a biennial list of “high local environmental impact zones” – areas...more
The New York State Department of Environmental Conservation (NYSDEC) is now requiring all sites entering into a state cleanup program to sample for two of the more popular and well-known “emerging contaminants” – 1,4-dioxane...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
On January 1, 2019, revised regulations implementing the State Environmental Quality Review Act (SEQRA) took effect. The New York State Department of Environmental Conservation (DEC) adopted these updated regulations on June...more
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
In 2012, the New York State Department of Environmental Conservation (NYSDEC) proposed sweeping changes to its State Environmental Quality Review Act (SEQRA) regulations. ...more
On March 31, 2018, the New York State Department of Environmental Conservation (“DEC”) opened a public comment period regarding the potential issuance of a State Pollution Discharge Elimination System (SPDES) general permit...more