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DEC to Address Impacts of Mulching/Composting Facilities on Long Island

2019 01 15 Blog Post #37 - DEC Mulching Long Island compost-grinder-3389079_1280 pixabay photo.jpg

Mulching and composting are environmentally positive activities, right?

Well, yes, in general. But recent reports released from the Department of Environmental Conservation (DEC) and Suffolk County Department of Health Services show potential groundwater impacts from mulching and composting activities.

Third Circuit CERCLA Case Highlights Perils Of Bargain Hunting For Contaminated Land

2019 01 15 Blog Post #35 - 3rd Circ CERCLA Case pexels-photo-236698.jpg

How could contaminated land possibly be anything but a bargain? Really! Even though the price tag may seem cheap, the costs of environmental cleanup may greatly exceed the savings on the purchase price and make what seemed a good bargain a very bad one indeed.

5 Things You Should Know About Phase I Environmental Site Assessments

2018 12 19 - Blog Post #36 - 5 Things to know about Phase I ESAs Engineers.jpg

As a real estate purchaser, developer, or seller, you may wonder: "Do I really need a Phase I environmental site assessments (ESA) before purchasing property?" The answer is simple: yes!

NYC Digs Up New Solutions to Polluted Soil

2018 11 13 PUREsoil Soil Bank Image.jpgClean Soil: A Poem

A fist of soil,

by any other name

would still be dirt.

But dirty soil can be,

might be clean soil,

if given a chance to do so.

First the obvious: we all know that soil is inherently dirty (it is dirt after all!). But not all soil is created equal. In some instances, that stuff we call dirt might actually be clean and economically useful. But how can dirt and soil ever be considered "clean"? New York City is tackling this apparent oxymoron with the launch of PUREsoil NYC.

New York Supreme Court Requires At A Minimum Some Explanation From Lead Agency For SEQRA Determination

New York Supreme Court Requires At A Minimum Some Explanation From Lead Agency For SEQRA Determination

What is one of the easiest ways for a court overturn a lead agency's determination under the State Environmental Quality Review Act (SEQRA)? One way to fall short is when the lead agency provides limited or no reasoning for its decision-making. The Town of Hempstead Board of Appeals learned this the hard way in a recent Supreme Court decision. 

Animal Feeding Operations to Face Updated Stormwater Permitting Requirements

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When it comes to stormwater discharges from agricultural operations, every so often New York State (NYS) has to ask: where's the beef?

As a result of that inquiry and after careful review of existing guidelines, the New York State (NYS) Department of Environmental Conservation (the "DEC") recently decided to publicly notice a draft of the new State Pollution Discharge Elimination System (SPDES) General Permit for concentrated animal feeding operations (CAFOs). Companies affected by the new permit had the chance to voice their concerns or support of the proposed new General Permit, GP-0-19-001, through October 5, 2018.

U.S. Climate Alliance 2018 Initiatives

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President Trump pulled out of the Paris Agreement back in 2017, but that doesn't mean that individual states are waiting on climate action. This past June marked the first anniversary of the U.S. Climate Alliance, and we are seeing our climate leaders take on new initiatives to ensure a clean energy future for the United States.

What's the Big Deal with PFAs?

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DEC Finalizes Major Changes to State Environmental Quality Review (SEQR) Regulations

DEC Finalizes SEQR updates

What's a New York developer to do about the seemingly interminable environmental review of proposed projects and the costs these reviews add to affected projects?

Hope that the New York State Department of Environmental Conservation (DEC) hears your prayers. And it has, for some of you.

New York & Connecticut to EPA: Curb Smog Pollution from Other States ASAP

EPA to act on Smog Blog ImageWhen the federal government's failure to regulate air pollution on time (as required by Congress) leads to environmental exposure of a state's residents, what remedies are there to protect the populace? Answer: the affected states can sue. That's exactly what happened when New York and Connecticut sued the United States Environmental Protection Agency (EPA) recently.

Earlier this summer, the EPA was ordered by a federal district judge who is demanding that the feds create final plans to regulate smog pollution by early December 2018. Specifically, the district court is requiring the EPA to act to control smog pollution that continues to blow into New York and Connecticut from upwind states like Illinois, Michigan, Pennsylvania, Virginia and West Virginia.

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