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U.S. EPA Finalizes Rule Requiring Facility Response Plans for Hazardous Substance Discharges
On March 28, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule requiring certain onshore facilities to prepare Facility Response Plans (FRPs) for the worst-case discharges of Clean Water Act (CWA) hazardous substances. FRPs are due to EPA by June 1, 2027, or prior to the start of operations for facilities constructed after…
Read MoreNew NYS Requirements for Virtual Public Meetings In Effect
On June 8, 2022, the virtual public meeting requirements adopted in the 2022 New York State budget came into full effect after the expiration of a 60-day transition period from the temporary provisions adopted during the Covid-19 pandemic. Codified in the New York Public Officers Law (POL) § 103-a, the new requirements allow local…
Read MoreBuilding Owners Sue NYC to Challenge Local Law 97
Marking the first legal challenge to NYC Local Law 97 of 2019 (Local Law 97) since its enactment, a group of building cooperatives, residents, shareholders, and a real estate company (Plaintiffs) sued the City of New York, the New York City Department of Buildings (DOB), and the DOB Commissioner (collectively, Defendants) on May 18, 2022.…
Read MoreNYC Adopts Sweeping New Stormwater Rule
In February 2022, the New York City Department of Environmental Protection (DEP) adopted the Unified Stormwater Rule (USWR) to update the stormwater management requirements for all new development and redevelopment sites that discharge to City sewers. The USWR amends Title 15, Chapter 19.1 and Chapter 31 of the Rules of the City of New York, which relate…
Read MoreNYS Department of Environmental Conservation Issues Draft Disadvantaged Communities Criteria
On March 9, 2022, the New York State Department of Environmental Conservation (DEC or the Department) issued draft criteria developed by the Department’s Climate Justice Working Group (CJWG or Working Group) for identifying disadvantaged communities in New York State. The CJWG was established under the Climate Leadership and Community Protection Act of 2019 (CLCPA) and…
Read MoreNYS Department of Environmental Conservation Proposes Revisions to Part 375 Remedial Programs
On December 22, 2021, the New York State Department of Environmental Conservation (DEC) issued a Notice of Proposed Rulemaking to amend the Environmental Remediation Program regulations at 6 NYCRR Part 375. The notice states that the proposed amendments are designed to implement the 2015 statutory amendments to the brownfield cleanup program (BCP); enhance requirements pertaining…
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