Permitting and Litigation for Government-Sponsored Developments

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…

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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…

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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…

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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…

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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…

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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….

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NYC 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…

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NYS 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…

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NYS 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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New York continues nation-leading progress in offshore wind in 2022

As 2022 kicks off, New York is already building on its leadership in development of offshore wind capacity, with nation-leading investments, new lease areas, and permit approvals. On January 5, as part of the State of the State, Governor Kathy Hochul announced a plan to invest $500 million in offshore wind manufacturing, ports, and supply…

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