Posts by Jack Quinn
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…
Read MoreNEPA 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…
Read MorePFAS 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…
Read MoreInflation Reduction Act: Recent Guidance and the Path Forward in 2024
On February 20 and February 21, 2024, the Internal Revenue Service (IRS) and the Department of the Treasury (Treasury) held a public hearing on proposed regulations concerning the definition of energy property and rules applicable to obtaining tax credits pursuant to the Inflation Reduction Act of 2022 (IRA). The IRA allows taxpayers to deduct a…
Read MoreNYSDEC Seeks Input on Regulations Implementing Major Expansion of State’s Freshwater Wetlands Jurisdiction
On January 3, 2024, NYSDEC announced an Advanced Notice of Proposed Rule Making for potential revisions to its freshwater wetlands regulations, accompanied by a complete pre-proposal draft of revised 6 NYCRR Part 664 regulations. NYSDEC is accepting public comments on its draft regulations through February 20, 2024. Background: 2022 Statutory Changes to the Freshwater Wetlands…
Read MoreVineyard Wind 1 Comes Online; Still Faces Lawsuits
On January 2, 2024, the Vineyard Wind 1 project started producing power for the United States grid, becoming the second commercial-scale offshore wind project to do so after South Fork Wind came online in December 2023. This significant milestone comes as the U.S. Court of Appeals for the First Circuit considers appeals in several lawsuits…
Read More