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Month: February 2017

Publicly Owned Sewer Systems Now Required To Report and Notify Of Combined Sewer Overflows

In 2012, the Sewer Pollution Right to Know Act (SPRTKA) was signed into law in New York State. This law requires that owners of publicly owned sewer systems (POSSs) advise the public when raw or partially treated sewage, including combined sewer overflows (CSOs), is...

Two Decades Later, New York Proposes First Major Amendments to the State Environmental Quality Review Act (SEQRA)

On January 17, 2017, the New York State Department of Environmental Conservation (DEC) released proposed amendments to SEQRA - the department's first major revisions to such regulations in more than two decades. The proposed amendments follow recent efforts by the DEC...

Split Second Circuit Panel Invokes Chevron Doctrine, Reverses Southern District and Reinstates EPA’s Water Transfers Rule

In a 2-1 ruling, the Second Circuit reversed Southern District Judge Kenneth Karas, who had found that the U.S. Environmental Protection Agency's (EPA) "Water Transfers Rule" was an unreasonable interpretation of the Clean Water Act. Writing for the majority and...

City Council Members Seek to Redefine “Reside” in Local Lead Paint Law

New York City's lead-based paint law (Local Law 1 [1982]) requires landlords to remove lead-based paint in any apartment unit in which a child under 6 years of age resides. The issue in Yaniveth R. v. LTD Realty Co. was whether a child "resides" in an apartment...

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