Wetlands and Stormwater
DEC Publishes Final Revisions to Solid Waste Management Regulations
Almost five years after publishing the first substantial revisions to its solid waste management regulations, the New York State Department of Environmental Conservation (DEC) published a new set of final revisions to the regulations, which became effective on July 22, 2023. DEC’s solid waste management regulations (the Part 360 Regulations) govern the management of solid…
City Planning to Hold Public Hearing on the City of Yes for Carbon Neutrality Proposal
On July 26, 2023, the New York City Planning Commission (CPC) will hold a public hearing on the proposed zoning text amendment known as the City of Yes for Carbon Neutrality (COYCN). The proposed amendment aims to modernize the City’s Zoning Resolution to facilitate renewable energy development, building decarbonization, and electric vehicle (EV) charging deployment….
Recent Debt Ceiling Legislation Includes Several Significant Changes to NEPA
On June 3, 2023, President Biden signed a legislative package lifting the federal debt ceiling that includes the first statutory amendments to the National Environmental Policy Act (NEPA) since 1982. While the legislation modified certain aspects of NEPA practice, many of the changes codify (i.e., enact into a statute) existing regulations or executive orders, preventing…
Supreme Court Significantly Curtails Federal Jurisdiction over Wetlands in Sackett v. EPA
On May 25, 2023, the Supreme Court issued its decision in Sackett v. EPA, ruling that federal jurisdiction over wetlands under the Clean Water Act (CWA or the Act), which prohibits discharging pollutants into “the waters of the United States” (WOTUS), extends to only those wetlands with a continuous surface connection to WOTUS. The Sackett…
Energy Community Guidance for Brownfields under the Inflation Reduction Act
The Internal Revenue Service (IRS) and the Treasury Department released guidance last month on the bonus credit available for certain production and investment tax credits issued to qualified projects located in “energy communities” pursuant to the Inflation Reduction Act of 2022 (IRA). The IRA allows taxpayers to deduct a percentage of the cost of eligible…
New York State’s FY 2024 Budget Includes Decarbonization and Renewable Energy Investments But Lacks Gov. Hochul’s Housing Plan
On May 3, 2023, New York Governor Kathy Hochul announced the highlights of the approved Fiscal Year 2024 state budget, including numerous investments in decarbonization programs and renewable energy development. Notably absent from the budget are the elements of Governor Hochul’s housing plan, which included a commitment to build 800,000 new units in a decade…
Recent Developments in PFAS Regulation
The regulation of per- and poly-fluoroalkyl substances (PFAS) continues to rapidly evolve at the New York State and federal levels. As further detailed in SPR’s prior blog post on this issue, PFAS are a family of chemical compounds with unique properties allowing them to withstand extreme temperatures, resist degradation, stains, and grease, and adopt nonstick…
Governor Hochul Approves Changes to Environmental Justice Amendments
On March 3, 2023, Governor Hochul approved the New York State Legislature’s “chapter amendment” (S01317/A01286) to the environmental justice law that was enacted in December 2022 (S8830/A2103-D). The original legislation amended the State Environmental Quality Review Act (SEQRA) process and the New York State Department of Environmental Conservation’s (NYSDEC) permit approval process to expressly incorporate…
Waters in Flux: EPA and Army Corps Revise the Definition of “Waters of the United States”
On January 18, 2023, the EPA and Army Corps of Engineers (Army Corps) published a new final rule revising the definition of “waters of the United States” (the Rule) found in regulations implementing the Clean Water Act (CWA or the Act). The new Rule will become effective on March 20, 2023 (pending the outcomes of…
Governor Hochul Approves Environmental Justice Amendments to SEQRA
On December 30, 2022, Governor Hochul approved a bill passed by the New York State Legislature (S8830/A2103-D), which incorporates environmental justice concerns into the State Environmental Quality Review Act (SEQRA) review process and the New York State Department of Environmental Conservation’s (NYSDEC) state permit approval process. Governor Hochul’s approval of the law is subject to…
