Clean Power Plan Repeal and Replacement Proposed By EPA

By: Jonathan Kalmuss-Katz On August 18, 2018, the Trump administration proposed sweeping changes to U.S. Environmental Protection Agency (“EPA”) regulations of power plant greenhouse gas (“GHG”) emissions, which would replace the Clean Power Plan regulations promulgated by the Obama administration in 2015.  According to EPA’s projections, the proposed changes would result in increased emissions of…

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New York Moves Closer to Offshore Wind Energy Procurement

On July 12, 2018, the New York State Public Service Commission (“PSC”) issued an Order directing the New York State Energy Research and Development Authority (“NYSERDA”) to begin soliciting bids for approximately 800 MW of offshore wind capacity in the fourth quarter of 2018, taking the State closer to Governor Andrew M. Cuomo’s goal of…

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New York Supreme Court Dismisses Challenge to CEQR Technical Manual and Bedford Union Armory Redevelopment

In a decision dated July 11, 2018, Hon. Carmen Victoria St. George of the New York Supreme Court, New York County, dismissed in its entirety litigation challenging the legality of the City Environmental Quality Review (“CEQR”) Technical Manual and the environmental review of the Bedford Union Armory Redevelopment project (the “Project”).[1]  The CEQR Technical Manual,…

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Emerging Contaminants Update:  New Federal Report Highlights PFAS Risks as New York State Court Certifies Class Action for PFAS Groundwater Contamination

By Jonathan Kalmuss-Katz For decades, per- and polyfluoroalkyl substances (“PFAS”) have been widely used in industrial processes and consumer products, including non-stick cookware, strain resistant fabrics, and firefighting foams.  PFAS have emerged as a focus of regulatory concern only in recent years, however, as new studies have detected PFAS in groundwater and drinking water supplies…

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DEC Releases Flood Risk Management Guidance Affecting the Flood Hazard Area Applied to State Permit Applications

On June 20, 2018, the New York State Department of Environmental Conservation (“DEC”) released two draft flood risk management guidance documents intended to advise New York state agencies on how to incorporate the consideration of future climate risks, including risks of sea-level rise, storm surge, and flooding, into existing regulatory processes. The non-binding guidance is…

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