Archive for March 2020
Renewables Developers: The Latest Stimulus Could Help You
The Coronavirus Aid, Relief and Economic Security (CARES) Act was enacted on March 27. It contains provisions that could provide relief to a wide variety of small businesses, including developers of renewable energy projects. Paycheck Protection Program The CARES Act implements a variety of programs to support small businesses, defined as businesses (including the self-employed,…
Read MoreEPA Releases Enforcement Discretion Guidance in Response to COVID-19
These days, it seems as though COVID-19 is leaving no aspect of government untouched, and federal environmental regulation is no exception. The U.S. Environmental Protection Agency (EPA) issued a memorandum on Thursday, March 26th outlining “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” This temporary guidance explains how EPA plans to exercise enforcement discretion…
Read MoreThe Gray Area: When Is Work Essential and When Is It Not?
Day to day and hour to hour, the rules keep changing—what was deemed essential, and therefore exempt from work-at-home requirements under Executive Order 202.6 yesterday may not be considered essential today. As of yesterday, State guidance permitted all construction work to proceed under the Executive Order. This morning, New York Governor Andrew Cuomo declared that…
Read MoreEnvironmental Insurance Coverage and COVID-19
As many businesses face closures pursuant to governmental directives designed to combat the spread of COVID-19, such closures may trigger claims under property and comprehensive general liability policies. Companies that have purchased pollution legal liability (PLL) insurance also should examine whether their PLL policies provide coverage for business interruption and other losses arising from COVID-19. …
Read MoreEssential Services Exempt From Covid-19 Workplace “Pause”
Governor Cuomo’s “New York on Pause” Executive Order No. 202.8 (requiring all workplaces to maintain a 0% in-person workforce) exempts “Essential Services.” At the direction of the Governor, Empire State Development (ESD) has published Guidance on which services constitute Essential Services. ESD has also created a process through which businesses may request designation as an…
Read MoreCoronavirus and Construction Project Delays
The rapid spread of the novel coronavirus is, at least within the last century, an unprecedented event. Few segments of the economy have been spared the impact that the pandemic has had and will continue to have on business and productivity. The impact will likely be the most profound for those industries that cannot count…
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