Two Federal Cases Have Potential to Affect Implementation of NEPA

A recent decision by the D.C. Circuit and a case pending before the U.S. Supreme Court have the potential to significantly affect implementation of the National Environmental Policy Act (NEPA), which requires federal agencies to consider the environmental impacts of major actions. Marin Audubon Society v. Federal Aviation Administration On Tuesday, a three-judge panel of…

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New Proposed Local Law 97 Regulations Include Key Offset, Adjustment, and Cogeneration Provisions

On September 27, 2024, the New York City Department of Buildings (DOB) issued its third proposed rulemaking package to implement Local Law 97 of 2019 (LL97). LL97 requires most large buildings in NYC to meet increasingly stringent greenhouse gas (GHG) emissions limits starting in 2024. The proposed regulations establish a new GHG emissions offset program…

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NYSDEC Proposes Updates to Commissioner’s Policy 51 – Soil Cleanup Guidance

For the first time in over a decade, NYSDEC proposes to update Commissioner’s Policy 51 (CP-51), which sets forth the soil cleanup levels for the NYSDEC Division of Environmental Remediation’s remedial programs, including the Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program), Brownfield Cleanup Program (BCP), Voluntary Cleanup Program (VCP), Environmental Restoration Program…

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NEPA Phase II Final Rule Goes into Effect, Bringing Climate Change and Environmental Justice to the Forefront

On July 1, 2024, the Council on Environmental Quality’s (CEQ) final rule implementing the revised National Environmental Policy Act (NEPA) Phase II regulations came into effect. This rule represents the culmination of the Biden Administration’s efforts to update and revise the Trump Administration’s 2020 modifications to NEPA. The Phase II rulemaking aimed to rearticulate key…

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PFAS Environmental Regulatory Developments (So Far) in 2024

2024 has already been a banner year for the regulation of per- and polyfluoroalkyl substances (PFAS) at the federal level; unsurprisingly, these efforts are eliciting legal challenges from regulated entities. CERCLA On April 19, 2024, the EPA issued a final rule under Section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The…

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