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...
NY Environmental Statutes, Codes, Regulations
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...
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...
The DEC Typically Isn’t Bound by its Own Mistaken Advice
The scales of justice are a ubiquitous symbol of equality and fairness under the law that date back to ancient times. One of the most common tools lawyers use to pursue the ideal of fairness and equality is the doctrine of equitable estoppel. Equitable estoppel works...
UPDATED: Federal Court Upholds $105 Million Judgment Against ExxonMobil in Bellwether Groundwater Contamination Litigation
Here's a pop quiz: after an eleven week trial in federal court, a jury hands down a verdict of nearly $105 million against ExxonMobil for contaminating New York City's drinking water. On appeal, the verdict is upheld. What environmental law enabled the jury to find,...
DEC Did Not Act Outside of Its Authority in Promulgating Regulations that Required Cleanup of Contaminated Properties to “Pre-Disposal Conditions” under the State Inactive Hazardous Waste Disposal Site Act
The Court of Appeals of New York recently held that the New York State Department of Environmental Conservation ("DEC") did not exceed its authority or act contrary to state law in enacting certain regulations with respect to remedial programs implemented to clean...
N.Y. Navigation Law Sec. 172. Definitions Sections 15 – 18
Environmental Statutes, Codes, Regulations and Related Materials N.Y. Navigation Law, Sec. 172. Definitions, Sections 15 - 18Unless the context clearly indicates otherwise, the following terms shall have the following meanings:15. "Petroleum" means oil or petroleum of...
