Posts by Jack Quinn
NYSDEC Publishes Proposed Guidance Incorporating Environmental Justice Considerations into Existing Permit Processes
On September 27, 2023, the New York State Department of Environmental Conservation (NYSDEC) published a draft policy aimed at implementing Section 7(3) of the Climate Leadership and Community Protection Act (CLCPA), which seeks to prevent disadvantaged communities from being disproportionately affected by greenhouse gas (GHG) or co-pollutant emissions. The draft policy lays out a procedure…
Read More2023 Update on Federal and New York City Lead-Based Paint Laws
This year has seen notable changes and clarifications to Federal and New York City lead-based paint standards for residential properties. These provisions relate to lead paint investigations, testing, remediation, and penalties that may impact compliance planning for building owners and managers. Because these legal changes were adopted after SPR’s May 4, 2023 webinar on the…
Read MoreEPA Publishes Proposed Rule Banning TCE
On October 31, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule to ban all manufacturing and use of trichloroethylene (TCE) under Section 6(a) of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2605(a)). TCE is a highly toxic and carcinogenic chemical that has historically been used in numerous industrial, commercial and consumer applications,…
Read MoreNew York Supreme Court Dismisses Challenge to Local Law 97
On October 30, 2023, the New York Supreme Court, New York County dismissed a significant legal challenge to New York City’s building emissions law, Local Law 97 of 2019. The decision provides clarity to the NYC real estate community that Local Law 97 is valid, enforceable, and constitutional. The law’s greenhouse gas (GHG) emissions caps…
Read MoreBiden Administration Proposes “Phase 2” Revisions to NEPA Regulations
On July 31, 2023, the Council on Environmental Quality (CEQ) published a Notice of Proposed Rulemaking (NPRM) for its second phase of revisions to the 2020 National Environmental Policy Act (NEPA) amendments. As a brief primer, NEPA imposes procedural requirements on all federal agencies to consider the effect of a project or action on the…
Read MoreNew Proposed Local Law 97 Regulations Include Penalty Mitigation, Electrification, and Enforcement Provisions
On September 12, 2023, the New York City Department of Buildings (DOB) issued proposed regulations 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 penalty mitigation pathways, create incentives for electrification, and clarify…
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