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November 2012 Archives

DEC "Incidental Take" Permit Regulations Survive Challenge

On July 26, 2012 the Appellate Division, Third Department affirmed the dismissal of a challenge to the New York State Department of Environmental Conservation's recently amended endangered species regulations. The regulations, contained in 6 NYCRR Part 182, included a requirement for a party contemplating development to obtain a DEC permit if that activity is likely to cause a "taking" or even an "incidental taking" of a species that is classified as threatened or endangered under New York State or Federal law. 

Binghamton Fracking Ban Struck Down in New York State Supreme Court

Fracking proponents recently succeeded in overturning Local Law 11-006 the city's ban on fracking, but this ruling is unlikely to drastically alter the landscape for municipal fracking regulation in New York outside of Binghamton.

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