Permitting and Litigation for Private Commercial Developments
New NYSDEC Multi-Sector General Permit for Stormwater Discharges from Industrial Activity Takes Effect
The New York State Department of Environmental Conservation (NYSDEC) has finalized the State Pollutant Discharge Elimination System (SPDES) Multi-Sector General Permit for Stormwater Discharges from Industrial Activity (MSGP), which will take effect on March 1, 2018. Coverage under the MSGP may be obtained by applicants whose facilities conduct any of the industrial activities listed in…
Are Indirect Discharges from Groundwater to “Waters of the United States” Regulated Under the Clean Water Act? Hawai’i Wildlife Fund v. County of Maui
In Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018), the U.S. Court of Appeals for the Ninth Circuit affirmed a district court ruling that the County’s injection wells are “point sources” from which the County discharged pollutants in the form of treated effluent into groundwater, through which the pollutants…
WOTUS Rule Litigation Abounds — New York State and Others Sue EPA and Army Corps over Delayed Implementation of Obama-Era WOTUS Rule
On February 6, 2018, New York State filed suit against the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (together, “the agencies”) for the suspension of a 2015 regulation seeking to clarify the definition of “waters of the United States” under the Clean Water Act (“CWA”), dubbed the “Clean Water Rule”…
New York Court Denies Challenge to Affordable and Market-Rate Residential Development Bordering Brooklyn Bridge Park
By: Jonathan Kalmuss-Katz On February 15, 2018, a New York State Supreme Court Justice dismissed a challenge to the development of two residential buildings upland from Pier 6 in Brooklyn Bridge Park (the “Pier 6 Development”), affirming the Brooklyn Bridge Park Corporation’s (“BBP”) approval of a project that will generate necessary revenues for the Park’s…
Reviving a Clean Energy Agenda, New Jersey Sets an Ambitious Wind Energy Goal
On January 31, 2018, New Jersey Governor Phil Murphy signed an executive order setting the state on track to develop 3,500 megawatts (“MW”) of offshore wind power by 2030. This target is among the most ambitious in the country and has the potential to power 1.5 million homes. This order follows New York’s recent issuance…
New York State Offshore Wind Master Plan is Released
Today, New York State Governor Andrew M. Cuomo unveiled the New York State Offshore Wind Master Plan: Charting a Course to 2,400 Megawatts of Offshore Wind Energy. On behalf of the State, the New York State Energy Research and Development Authority (“NYSERDA”) oversaw the preparation of the Master Plan and its 20 supporting studies. The…
New York State and City Pension Funds Will Divest from Fossil Fuel Companies
New York Governor Andrew Cuomo and New York Mayor Bill de Blasio have both recently made significant climate change-related announcements: the State’s and City’s pension funds will divest billions of dollars from fossil fuel companies. These actions support state and local goals of reducing statewide greenhouse gas emissions 40% by 2030 and meeting the Paris Agreement…
Breaking: Payment of BCP, solar, low-income housing and other tax credits may be delayed
Governor Andrew Cuomo unveiled the details this week of a $168 billion proposed budget for FY 2019. In light of a potential budget deficit that could approach $4 billion, certain tax law changes are proposed. In recent years the proposed budget has been acted on by the Legislature and Governor before April 1st. Among the…
New Jersey Establishes Stringent Drinking Water Standards for Emerging Contaminants
New Jersey recently announced the nation’s first binding limits for certain perfluorinated and polyfluoroalkyl substances (“PFASs”) in drinking water, establishing stringent standards for the treatment of those emerging contaminants. While seldom used today, PFASs were historically used in a diverse array of processes and products, including coatings for textiles, stain and grease repellants, electroplating and…
DEC Challenges FERC’s Decision to Undercut Its Water Quality Certification Denial for Millennium Pipeline Project
In an October 13, 2017 letter, the New York State Department of Environmental Conservation (“DEC”) challenged the Federal Energy Regulatory Commission’s (“FERC”) decision that, by failing to act, DEC had waived its authority to issue a Clean Water Act water quality certification for Millennium Pipeline Company LLC’s (“Millennium”) proposed Valley Lateral Project, a 7.8-mile natural…