New York Environmental Law
NY Office of Renewable Energy Siting Issues Draft Regulations to Facilitate Swift Development of Large-Scale Renewable Energy Projects
On September 16, 2020, the newly formed Office of Renewable Energy Siting (“ORES”) issued draft regulations intended to streamline permitting and development of large-scale renewable energy projects in New York State. The draft regulations, which are now available for public comment, reflect New York’s ongoing effort to achieve the Climate Leadership and Community Protection Act’s…
New York State Proposes Specific Greenhouse Gas Reduction Targets for 2030 and 2050
The New York State Climate Leadership and Community Protection Act of 2019 (CLCPA) requires statewide reductions of greenhouse gas emissions of 40% by 2030 and 85% by 2050, as compared to 1990 levels, in order to help slow the rate of global climate change. The CLCPA directed the New York State Department of Environmental Conservation…
New York State Adopts Drinking Water Standards for Three Emerging Contaminants
New York State has considered the imposition of Maximum Contaminant Levels (“MCLs”) for the emerging contaminants 1,4-dioxane, perfluorooctanoic acid (“PFOA”) and perfluorooctanoic sulfonate (“PFOS”) for almost three years, since September 2017 when the Governor announced the creation of a Drinking Water Quality Council to make recommendations. Following the publication of proposed rules and a later…
Public Service Commission Issues Two Orders in Furtherance of Renewable Energy Growth
On May 14, 2020 the New York State Public Service Commission (PSC) issued two orders designed to further State goals of rapidly expanding renewable energy development. One, issued in Case No. 20-E-0197, is a preliminary order directing utilities and the Department of Public Service (DPS) to lay the transmission and distribution planning groundwork for achieving…
New York State Passes the Most Ambitious Climate Change Legislation in the Nation and Advances Offshore Wind Energy Development with Inaugural Procurement of Offshore Renewable Energy Credits
On July 18, 2019, Governor Andrew M. Cuomo signed into law the New York Climate Leadership and Community Protection Act (“CLCPA”), the most ambitious climate change legislation in the country. The CLCPA, among other things, codifies the State’s goals of reaching net-zero carbon emissions by 2050, including an 85% decrease in greenhouse gas emissions by…
DEC Releases Flood Risk Management Guidance Affecting the Flood Hazard Area Applied to State Permit Applications
On June 20, 2018, the New York State Department of Environmental Conservation (“DEC”) released two draft flood risk management guidance documents intended to advise New York state agencies on how to incorporate the consideration of future climate risks, including risks of sea-level rise, storm surge, and flooding, into existing regulatory processes. The non-binding guidance is…