Hazardous Waste Remediation

Gov. Hochul Announces M-Corps Program to Bring Climate Technology to New York State

On November 9, 2022, Governor Kathy Hochul announced that more than $3.7 million would be allocated to bring innovative climate technology, manufacturing and products to New York State. According to the Governor’s press release, this initiative, known as the M-Corps Program, “will connect startups scaling goods that lower greenhouse gases or reduce energy consumption with…

Read More...

NYC Mayor’s Office of Environmental Remediation Proposes New Enforcement Rules

In September 2022, the NYC Mayor’s Office of Environmental Remediation (OER) published draft rules proposing to establish OER’s authority to commence enforcement actions against parties who fail to comply with OER-approved Site Management Plans (SMPs). The proposed rules would enable OER to issue summonses returnable before the Office of Administrative Trials and Hearings, and seek…

Read More...

NYC Department of Buildings Releases Proposed Local Law 97 Regulations

On October 6, 2022, 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 include three key components and numerous other clarifications to the…

Read More...

PFAS Litigation Update: Court Denies Summary Judgment to AFFF Manufacturers

On September 16, 2022, Judge Richard M. Gergel of the U.S. District Court of South Carolina denied aqueous film forming foams (AFFF) manufacturers’ motion for summary judgment based on the government contractor indemnity defense in a multi-district litigation (MDL) currently pending against 3M Company, Tyco Fire Products LP, Chemguard Inc., National Foam, Inc., Buckeye Fire…

Read More...

Developments in Regulation of PFAS

Per- and poly-fluoroalkyl substances (PFAS) continue to emerge, so to speak, as a focus of regulatory attention on many levels: health, environmental remediation, and manufacturing. Below, we discuss some of the more recent developments affecting this ubiquitous class of chemicals. Nicknamed “forever chemicals,” PFAS are a family of chemical compounds with a wide range of…

Read More...

New York Seeks to Procure Minimum of 2,000 MW in Third Offshore Wind Solicitation

On July 27, 2022, Gov. Kathy Hochul announced the New York State Energy Research and Development Authority’s (NYSERDA’s) third competitive offshore wind solicitation seeking to procure ORECs (offshore wind renewable energy credits) for at least 2,000 megawatts (MW) of offshore wind energy—enough to power at least 1.5 million New York homes. New York currently has…

Read More...

SCOTUS Invokes Major Questions Doctrine to Restrict EPA Regulation of Greenhouse Gases

On June 30, 2022, the U.S. Supreme Court restricted the Environmental Protection Agency’s ability to regulate greenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v. EPA. The majority for the Court held that EPA’s “generation shifting” objectives found in the Obama Administration’s Clean Power Plan fell outside the meaning of the “best…

Read More...

First Stage of Biden Administration’s NEPA Regulation Changes Goes Into Effect

On May 20, 2022, the Council on Environmental Quality’s (CEQ’s) first round of revisions to the Trump Administration’s 2020 NEPA regulations went into effect. These new regulations (the “Phase 1 rules”) represent the first phase of the Biden Administration’s two-step review and revision of the 2020 changes to the CEQ regulations and reverse some of…

Read More...

New 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 public…

Read More...

Building 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 More...