Brownfields Redevelopment
PFAS Legal and Regulatory Updates
The regulation of per- and polyfluoroalkyl substances (PFAS) has continued to evolve at the federal and state levels in recent months under the Trump administration. EPA announced in April 2025 a bundle of planned actions to combat PFAS contamination, although the agency’s proposed actions since that announcement would actually roll back some Biden-era PFAS regulations…
Legal Challenges to NYSDEC’s New Freshwater Wetlands Regulations – Four Lawsuits to Watch
At least four separate lawsuits were filed in April 2025 challenging the legality of New York’s Freshwater Wetlands Act and its recently amended implementing regulations. Broadly, the lawsuits seek to annul the 2022 statutory amendments and 2025 regulations and enjoin the New York State Department of Environmental Conservation (NYSDEC) from implementing the new wetlands regulations….
NYSDEC Proposes Several New Freshwater Wetlands General Permits
On February 5, 2025, the New York State Department of Environmental Conservation proposed to issue five new statewide general permits and to modify three existing general permits previously issued under the Freshwater Wetlands Act. The five newly proposed general permits include: Community-Scale Solar Energy Installations (GP-0-25-004) Electric Utility Right of Way (ROW) Maintenance and Repair…
Trump Administration Rescinds CEQ’s NEPA Regulations and Issues Guidance to Agencies
On February 25, 2025, the White House Council on Environmental Quality (CEQ) published in the Federal Register an interim final rule proposing to rescind its regulations implementing the National Environmental Policy Act (NEPA), a 1969 statute that requires all federal agencies to consider the environmental effects of their projects or actions. A week earlier, CEQ…
NYSDEC Issues Proposed Regulations and Forms to Implement Environmental Justice Siting Law and Add Type II Categories
On January 29, 2025, the New York State Department of Environmental Conservation (NYSDEC) announced the release of Draft Amendments to the State Environmental Quality Review Act (SEQRA) regulations, codified at 6 NYCRR Part 617, as well as accompanying proposed revisions to NYSDEC’s Short and Full Environmental Assessment Forms (EAFs). These proposed amendments incorporate provisions of…
NYSDEC Issues Final Revised Freshwater Wetlands Regulations
On December 31, 2024, NYSDEC announced the adoption of final revisions to its freshwater wetlands regulations, 6 NYCRR Part 664. The revised regulations took effect on January 1, 2025. These regulations implement amendments that the New York State Legislature enacted in 2022 to Article 24 of the Environmental Conservation Law (ECL)—the State’s Freshwater Wetlands Act…
USEPA Extends Deadline for Installation of Variable Refrigerant Flow Systems Using Regulated Hydrofluorocarbons
On December 12, 2024, the U.S. Environmental Protection Agency (USEPA) published its final rule extending the time for certain new variable refrigerant flow (VRF) air conditioning and heat pump systems to comply with the hydrofluorocarbon (HFC) phasedown requirements of the American Innovation and Manufacturing Act of 2020 (AIM Act). HFCs are greenhouse gases with global…
NYC Council Vote Is Imminent On the City of Yes for Housing Opportunity Zoning Reform
In early December 2024, the New York City Council is expected to hold a final vote on a comprehensive zoning reform proposal entitled the City of Yes for Housing Opportunity (COYHO). COYHO is designed to alleviate New York City’s housing shortage and historically low vacancy rate by significantly amending the zoning code to facilitate housing…
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…
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…