Archive for February 2018
New NYSDEC Multi-Sector General Permit for Stormwater Discharges from Industrial Activity Takes Effect
The New York State Department of Environmental Conservation (NYSDEC) has finalized the State Pollutant Discharge Elimination System (SPDES) Multi-Sector General Permit for Stormwater Discharges from Industrial Activity (MSGP), which will take effect on March 1, 2018. Coverage under the MSGP may be obtained by applicants whose facilities conduct any of the industrial activities listed in…
Read MoreAre Indirect Discharges from Groundwater to “Waters of the United States” Regulated Under the Clean Water Act? Hawai’i Wildlife Fund v. County of Maui
In Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018), the U.S. Court of Appeals for the Ninth Circuit affirmed a district court ruling that the County’s injection wells are “point sources” from which the County discharged pollutants in the form of treated effluent into groundwater, through which the pollutants…
Read MoreWOTUS Rule Litigation Abounds — New York State and Others Sue EPA and Army Corps over Delayed Implementation of Obama-Era WOTUS Rule
On February 6, 2018, New York State filed suit against the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (together, “the agencies”) for the suspension of a 2015 regulation seeking to clarify the definition of “waters of the United States” under the Clean Water Act (“CWA”), dubbed the “Clean Water Rule”…
Read MoreNew York Court Denies Challenge to Affordable and Market-Rate Residential Development Bordering Brooklyn Bridge Park
By: Jonathan Kalmuss-Katz On February 15, 2018, a New York State Supreme Court Justice dismissed a challenge to the development of two residential buildings upland from Pier 6 in Brooklyn Bridge Park (the “Pier 6 Development”), affirming the Brooklyn Bridge Park Corporation’s (“BBP”) approval of a project that will generate necessary revenues for the Park’s…
Read MoreReviving a Clean Energy Agenda, New Jersey Sets an Ambitious Wind Energy Goal
On January 31, 2018, New Jersey Governor Phil Murphy signed an executive order setting the state on track to develop 3,500 megawatts (“MW”) of offshore wind power by 2030. This target is among the most ambitious in the country and has the potential to power 1.5 million homes. This order follows New York’s recent issuance…
Read MoreDaniel Riesel and Pamela Esterman to Chair Upcoming Environmental Law Conference
On February 9-10, 2018, SPR principals Daniel Riesel and Pamela Esterman will co-chair the 48th annual ALI CLE Environmental Law Course in Washington, DC. The course, which is co-sponsored by ALI CLE and the Environmental Law Institute, will feature advanced-level presentations by senior public officials, distinguished law professors, seasoned private practitioners, and experienced public interest…
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