The New York State (NYS) Department of Environmental Conservation (the "DEC" or "Department") is brewing up new stormwater regulations that will directly affect licensed wineries, breweries, and hard cideries in New York State. The DEC's proposal requires issuance of...
Month: August 2018
New York Supreme Court Reverses Lead Agencies in SEQRA Case, Determined They Arbitrarily Misclassified Project That Will Disturb More Than 150 Acres of Land
"If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck." This simple idiom can be helpful in even the most complex circumstances. In a recent CPLR Article 78 case challenging a State Environmental Quality Review Act (SEQRA)...
Tenant Liability Exemption under CERCLA Broadens in 2018 Congressional Appropriations Law
The original goal of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was to clean up highly contaminated dump sites. Its provisions weren't meant to deal originally with your everyday contaminated parcel that is the subject of...
