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SCOTUS To Review Montana CERCLA Case About Preemption Of State Common Law Claims

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Under what circumstances does federal environmental law trump state common law? This issue is at the heart of a closely watched case to be considered by the U.S. Supreme Court (SCOTUS).

On June 10, 2019, SCOTUS announced that it would review a Montana Supreme Court decision that will have important implications for the clean-up of sites under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA a/k/a the Superfund Law). In Atlantic Richfield Co. v. Gregory A. Christian, et al., the Montana Supreme Court allowed private residents' common law claims seeking damages for cleanup costs and restoration of property to proceed, holding that state common law claims are not preempted by CERCLA.

NYC Poised to Lead on Climate Change Policy with Its Own "Green New Deal"

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New York City has taken the lead to combat climate change with unprecedented to reduce the City's carbon emissions.

Money Doesn't Grow on Trees, So Why Waste It on Penalties for Stormwater Permit Violations?

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On March 18, 2019, the Federal District Court for the Northern District of New York approved a Consent Decree requiring the payment of a $100,000 civil penalty and resolving Clean Water Act claims against the owners and operators of a metal recycling facility in the City of Rensselaer, including the manager of the facility.

Article 78 Challenge to SEQRA/CEQR NegDec Fails On Statute of Limitations Grounds

2019 06 17 blog 48 brooklyn-92695_640 pixabay.jpgIt's been 15 days: Do you know if your petition has been served?

In a recent case seeking to challenge the approval of a Brooklyn project, the project's opponents learned that time matters, and courts have a difficult time finding "good cause" when the complaint is served late.

NYC Slams Energy Companies' Bid to Dodge Climate Suit

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"Fake news!" You've probably heard this new term lately.

We're living in a time where citizens fear deception. We're also living in a time where the world's climate is changing faster than at any point in the history of modern civilization. To that end: is climate change real? Are humans the primary cause? Spoiler alert: The answer to both questions is yes.

DEC Penalties for Failure to Renew PBS Facility Registration

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Money can't buy happiness, but is there any reason to waste it on penalties for failing to register a petroleum bulk storage (PBS) facility? That's what some building owners just learned: three recent cases provide some insight into how the New York Department of Environmental Conservation (DEC) penalizes building owners for PBS registration violations. Administrative law judges made recommendations of stiff penalties to the DEC Commissioner Basil Seggos, who ultimately decided and ordered the penalties be paid.

NYC Commercial Waste Zoning

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New York City - the city that never sleeps! At least, that's the case for the drivers working for the City's 90 private carters, those who travel long, overlapping, and sometimes unsafe routes to service the City's 100,000 commercial businesses. The commercial waste hauling trucks go more than 23.1 million miles in NYC each year - that is multiple trips to the moon and back! This is the main issue that Department of Sanitation (DSNY) is confronting with its Commercial Waste Zone Plan.

NYS Water Quality Council Drinking Water Level Recommendations for Emerging Contaminants

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You might get a sense of déjà vu because we're back with another blog post on per- and polyfluoroalkyl substances (PFAS). As it should be apparent from the focus of our recent blog posts, a lot has been going on lately with these emerging contaminants in New York and around the country. With this post, we'd like to bring your attention to New York State's Drinking Water Quality Council's recent recommendations for the most protective maximum contaminant levels (MCLs) for these emerging contaminants.

NYS Law Requires Online Posting of Emerging Contaminant Info

2019 02 13 Blog Post #41 Contaminant Posting Requirements water-1154080_640 pixabay.jpgNew York is notoriously proud of its tap water. But what happens when chemicals are discovered in the water that threaten its public health?

5.5 Things to Know About Subsurface Environmental Investigations (Phase II ESAs) - Part 2 of 2

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In our last post, we began to review the basic considerations for a Phase II ESA. We wanted you to have a chance to absorb a lot of complicated information. So we saved some of the good points: here are the rest of the 5.5 things you should know about Phase II ESAs.

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