Archive for April 2020
U.S. Supreme Court’s Latest CERCLA Decision Could Mean a Tangle for Future Litigation
On April 20th, 2020, the United States Supreme Court held in Atlantic Richfield Co. v. Christian that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) does not prevent state courts from hearing state law claims by landowners seeking property damages and additional environmental remediation at federal Superfund sites beyond an EPA-approved remedy. Complicating this…
Read MoreEPA and Army Corps of Engineers Publish Final “Waters of the United States” Rule
On April 21, 2020, the Environmental Protection Agency and the U.S. Army Corps of Engineers (together, the “Agencies”) published a final rule in the Federal Register redefining the term “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). The Agencies previously issued pre-publication notice of the final rule on January 23, 2020. …
Read MoreNationwide Permit for Pipelines and Utility Projects Vacated on ESA Grounds
On April 15, 2020, the United States District Court for the District of Montana issued a decision in Northern Plains Resource Council v. U.S. Army Corps of Engineers, vacating Nationwide Permit (“NWP”) 12, a general permit issued by the Army Corps of Engineers (“Corps”) for pipelines and other utility projects. The case was brought, in…
Read MoreClarity Or Confusion: The Ever Evolving Guidance Concerning Permissible Essential Construction In New York
On April 9, Empire State Development issued updated guidance that appears to expand the definition of what is considered “essential construction” for the purposes of exemption from the work-at-home requirements under Executive Order 202.6. E.O. 202.6 bans all construction in the State except for projects deemed “essential,” which the State says includes “roads, bridges, transit…
Read MoreNY’s Governor Cuomo Signs Law Introducing One-Stop Shop for Renewable Energy Project Permitting
On April 3, 2020, with the passage of the Accelerated Renewable Energy Growth and Community Benefit Act, New York adopted sweeping changes to the siting of large-scale renewable energy projects.[1] The new law will streamline and accelerate the permitting and construction of renewable energy projects, and is intended to help New York achieve the Climate…
Read MoreClarity Begins to Emerge Concerning Permissible Essential Construction In New York
A number of state and local agencies have issued guidance on the ban on non-essential construction that was announced by Governor Cuomo on March 27, 2020. Friday’s amendment to the guidance regarding work-at-home requirements under Executive Order 202.6 bans all construction in the State except for projects deemed “essential,” which the State says includes “roads,…
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