Environmental Impact Review/Permitting

New York State Issues Draft Value of Carbon Guidance for Comment

New York State’s Climate Leadership and Community Protection Act of 2019 (CLCPA) sets requirements and goals for statewide greenhouse gas emissions reductions, plans to achieve net zero emissions across the State’s economy, and renewables targets. In accordance with the CLCPA, the New York State Department of Conservation (NYSDEC), in consultation with the New York State…

Read More...

New York City Council Passes Major Amendment to Local Law 97 Affordable Housing Provisions

On October 29, 2020, the New York City Council passed Int. No 1947-A—a bill that significantly amends the affordable housing provisions of Local Law 97 of 2019 to require more buildings to meet greenhouse gas emissions caps. Local Law 97 and the technical amendments in Local Law 147 of 2019 require most new and existing…

Read More...

NYC Issues Proposed Property Assessed Clean Energy (PACE) Loan Regulations

In late October 2020, the New York City Department of Finance issued proposed regulations to implement a Property Assessed Clean Energy (“PACE”) loan program in NYC to provide targeted loans with favorable terms to building owners for installation of systems designed to reduce energy use and carbon emissions. The deadline to submit comments on the…

Read More...

NYC Buildings Receive Their First Energy Efficiency Grades

On October 1, 2020, buildings over 25,000 square feet in New York City received their first energy efficiency grades from the City Department of Buildings (“DOB”). Buildings must post the grade “in a conspicuous location near each public entrance to such building” by October 30, 2020. Failure to do so will result in a fine…

Read More...

Council on Environmental Quality’s New NEPA Regulations: An Analysis

On September 14, 2020, the Council on Environmental Quality’s (“CEQ”) Final Rule overhauling its regulations implementing the National Environmental Policy Act (“NEPA”) became effective.  The Final Rule represents the first comprehensive revision of the NEPA regulations since their initial issuance in 1978, and introduces process-based and substantive changes to the NEPA regulations, codifies existing case law and…

Read More...

NY Office of Renewable Energy Siting Issues Draft Regulations to Facilitate Swift Development of Large-Scale Renewable Energy Projects

On September 16, 2020, the newly formed Office of Renewable Energy Siting (“ORES”) issued draft regulations intended to streamline permitting and development of large-scale renewable energy projects in New York State.  The draft regulations, which are now available for public comment, reflect New York’s ongoing effort to achieve the Climate Leadership and Community Protection Act’s…

Read More...

New York State Proposes Specific Greenhouse Gas Reduction Targets for 2030 and 2050

The New York State Climate Leadership and Community Protection Act of 2019 (CLCPA) requires statewide reductions of greenhouse gas emissions of 40% by 2030 and 85% by 2050, as compared to 1990 levels, in order to help slow the rate of global climate change. The CLCPA directed the New York State Department of Environmental Conservation…

Read More...

New FERC Order No. 872 Likely to Increase Regulatory Burden on Small Renewable Energy Facilities

The Federal Energy Regulatory Commission recently issued Final Order No. 872, implementing sweeping changes to the regulations that implement the Public Regulatory Policies Act of 1978, also known as PURPA.  Although the Commission described the changes as a move to “modernize the Commission’s interpretation of PURPA,” the new regulations will likely pose significant challenges for…

Read More...

NYCDOB to Issue Local Law 97 Adjustment Guidance in January 2021  

Gina Bocra, the Chief Sustainability Officer for the New York City Department of Buildings (NYCDOB), recently announced that in January 2021, the agency expects to issue guidance on the process for obtaining an adjustment to buildings’ greenhouse gas emissions caps under Local Law 97 of 2019 (as amended through Local Law 147 of 2019). Such…

Read More...

New York State Adopts Drinking Water Standards for Three Emerging Contaminants

New York State has considered the imposition of Maximum Contaminant Levels (“MCLs”) for the emerging contaminants 1,4-dioxane, perfluorooctanoic acid (“PFOA”) and perfluorooctanoic sulfonate (“PFOS”) for almost three years, since September 2017 when the Governor announced the creation of a Drinking Water Quality Council to make recommendations.  Following the publication of proposed rules and a later…

Read More...