Permitting
Federal Agencies Commit to Streamlining Environmental Reviews for Major Infrastructure Projects
On April 9, 2018, the heads of 12 federal agencies signed a memorandum of understanding (“MOU”) that aims to streamline and shorten federal environmental and permitting reviews for major infrastructure projects. The MOU implements President Trump’s One Federal Decision (“OFD”) policy established in Executive Order 13807 (“EO 13807”), signed on August 15, 2017 and described…
Trump White House Infrastructure Plan Includes Proposals to Streamline Permitting Processes
Last month, the White House released its “Legislative Outline for Rebuilding Infrastructure in America” (the “Infrastructure Plan” or “Plan”), which contains a wide range of proposals for facilitating the construction of infrastructure projects. In addition to financial incentives and investment programs, the Infrastructure Plan proposes a series of changes in federal permitting and environmental review…
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…
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…
DEC Publishes Final Revised Solid Waste Management Regulations
After 18 months of public comment and revisions to its solid waste regulations, the New York State Department of Environmental Conservation (“DEC”) has published the finalized version of the regulations, which will take effect on November 4, 2017. DEC’s solid waste management regulations – codified in 6 NYCRR Part 360 – govern the reuse, recycling, transportation, and…