Litigation
The Current State of Electric Vehicle Incentives in New York and Beyond
Electric vehicles (EVs) have enjoyed increasing popularity in recent years as an alternative to the U.S.’s overwhelmingly fossil fuel-based transportation sector. A robust ecosystem of incentives from public and private entities alike has emerged to facilitate this shift, presenting significant economic benefits for developers of EV infrastructure. This article provides an overview of major existing…
Managing Lender Liability: A Historical Overview and Practice Commentary for Moving Forward
CERCLA’s strict liability for environmental cleanup costs on owners or operators of contaminated sites contains limited defenses and exceptions. One such exception is the “safe harbor” that shields lenders from liability provided they do not undertake certain activities with respect to the site. But the applicability of this “safe harbor” is not altogether straightforward, and…
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…