News & Analysis as of

Municipalities Environmental Policies State and Local Government

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

Farrell Fritz, P.C.

Court of Appeals Affirms Appellate Division Decision Invalidating Town's Discharge Ordinance

Farrell Fritz, P.C. on

In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with...more

Farrell Fritz, P.C.

Slings and Arrows At The Court Of Appeals

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On January 4, 2022, the New York Court of Appeals heard oral argument in the case of Hunters For Deer, Inc. v Town of Smithtown, where conflicting provisions of a Town of Smithtown firearm ordinance and the Environmental...more

Goulston & Storrs PC

New Massachusetts Brownfields Tax Credits Regulations Just Released

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The Massachusetts Department of Revenue (DOR) issued final regulations effective July 9, 2021 (the Regulations) that are intended to aid in the implementation of the Massachusetts Brownfields Tax Credits program, which was...more

Pullman & Comley, LLC

UConn’s Connecticut Brownfields Initiative to Provide Support to Municipal Entities and Others Who Are Seeking EPA Brownfield...

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The Connecticut Brownfields Initiative of the University of Connecticut recently announced the release of a Request for Proposals for its Municipal Assistance Program starting in the fall of 2021.  The Municipal Assistance...more

Holland & Knight LLP

City of Boston Releases Draft Emissions Performance Standard Policy

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The City of Boston has taken the next step in its ongoing efforts to amend and strengthen its Building Energy Reporting and Disclosure Ordinance, or BERDO, by releasing a draft Summary of policy elements on Jan. 27, 2021, for...more

Holland & Knight LLP

The Road to Net Zero is Paved With Numerous Policy Initiatives

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While the presidential transition has focused attention on the energy and environmental policy initiatives that likely will be undertaken by the Biden-Harris Administration, the Commonwealth of Massachusetts continues to...more

Pillsbury Winthrop Shaw Pittman LLP

California’s Stay-at-Home Orders: Implications for Environmental Contractors

Exceptions outlined in state and local directives likely encompass the investigatory and remedial activities performed by environmental contractors. Most California stay-at-home orders include exceptions for professional...more

Pullman & Comley, LLC

2020 Environmental Legislative Update No. 1, "Stream of Consciousness" Edition

Pullman & Comley, LLC on

Welcome back to the Environmental Legislative Updates for the 2020 Connecticut General Assembly’s “short session.” Since all is well with the Rule of Law in general, let’s see what new Rules and Laws our legislators have in...more

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

Water Supply Rule: U.S. Army Corps of Engineers Announces Withdrawal

The Assistant Secretary of the Army for Civil Works directed on January 21st the United States Army Corps of Engineers (“Corps”) to withdraw a proposed rule titled: Use of U.S. Army Corps of Engineers Reservoir Projects...more

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

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In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

Bilzin Sumberg

Opinon: Zoning can be a Cost-Effective Tool for Confronting Climate Change

Bilzin Sumberg on

As a coastal region confronting the impacts of climate change, South Florida must continue to advance urban resiliency and sustainability innovations through public investments, regulations, and private sector incentives that...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

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Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Best Best & Krieger LLP

Cities Issuing Business Licenses Will Need to Verify NPDES Permits First

What California Cities Need to Know to Comply with SB 205 - California cities that issue business licenses will be required to determine whether any of the primary Standard Industrial Classification Codes applicable to...more

Best Best & Krieger LLP

Groundwater Recharge Projects Get Boost Under AB 658

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New California Law to Help Achieve SGMA Requirements - Assembly Bill 658, signed into law last week, creates new temporary diversion permits allowing for excess surface water capture during high-flow events. Permits...more

Best Best & Krieger LLP

Another Set of Organic Waste Regulations Revisions Released by CalRecycle

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Changes to Proposed Regulations Could Impact Local Agencies that Collect or Generate Organic Waste - The California Department of Resources Recycling and Recovery released its second set of revisions to the proposed...more

Best Best & Krieger LLP

California Supreme Court Clarifies CEQA’s Most Fundamental Question: What is a “Project?”

Union of Medical Marijuana Patients, Inc. v. City of San Diego - In a long-awaited decision, the California Supreme Court held this week that whether an activity is a “project” subject to environmental review under the...more

Best Best & Krieger LLP

Organic Waste Regulations Proposed - CalRecycle Taking Comments on Landfill Regulations Required By SB 1383

The California Department of Resources Recycling and Recovery issued proposed regulations to reduce organic waste in landfills as required by Senate Bill 1383. The bill directed CalRecycle to adopt regulations to reduce...more

Farrell Fritz, P.C.

East End Town Considering Novel Approach to Speed Up Groundwater Protection Efforts

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Long Island’s potable water supply comes from one place: aquifers. And as the population of Long Island continues to grow steadily upward, this vital subterranean resource faces both a growing demand and a growing threat of...more

Coblentz Patch Duffy & Bass

Environmental Justice Element Now Required for California’s General Plans

As of January 1, 2018, California’s cities, counties, and charter cities are required to either adopt an Environmental Justice Element in their General Plan or integrate Environmental Justice policies and goals into the...more

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