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Environmental Permits

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...

Tonawanda Coke Corporation Enters into a $12 Million Settlement with DEC and EPA for Alleged Violations of State and Federal Environmental Law

The U.S. Federal Government and the State of New York jointly announced on May 11, 2015 a $12 million settlement with Tonawanda Coke Corporation for a litany of alleged environmental violations at TCC's western New York coke manufacturing facility.The settlement comes...

DEC Issues New York State’s Official Rationale for Fracking Ban

DEC has issued its long-awaited environmental impact study for high volume horizontal fracturing, or fracking, in New York State. This document contains the state's official findings on the environmental and human health impacts of fracking, namely, that too much...

New State Legislation Requires Increased Climate Resilience for New York Infrastructure

As in other areas of environmental policy, New York State is a leader in grappling with global climate change. Since 2009, the New York State Department of Environmental Conservation has had a policy in place that requires it to consider energy use and greenhouse gas...

EPA Authority to Regulate Greenhouse Gases Survives Supreme Court Scrutiny in UARG v. EPA

In environmental law, things aren't always what they seem at first blush. Hence, when the Supreme Court handed down its decision in Utility Air Regulatory Group v. EPA, 134 S. Ct. 1050 (2014) in June, both industry and EPA claimed victory. Given that the Court struck...

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