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...
NY Environmental Statutes
New York State Department of Environmental Conservation Proposes Amendments to Environmental Assessment Forms
The New York State Department of Environmental Conservation ("DEC") recently proposed amending its Short and Long Environmental Assessment Forms ("EAFs"), and is accepting public comment on the revised forms through April 8, 2011. These forms are used in the...
New York Navigation Law Sec 181. Liability. Sections 5 – 6
5. Any claim by any injured person in for the costs of cleanup and removal and direct and indirect damages based on the strict liability imposed by this section may be brought directly against the person who has discharged the petroleum, provided, however, that...
New York Navigation Law Sec 181. Liability. Sections 1 – 2
1. Any person who has discharged petroleum shall be strictly liable, without regard to fault, for all cleanup and removal costs and all direct and indirect damages, no matter by whom sustained, as defined in this section. In addition to cleanup and removal costs and...
New York Navigation Law Sec. 181. Liability. Section 4
4. (a) The only defenses that may be raised by a person responsible for a discharge of petroleum are: an act or omission caused solely by (i) war, sabotage, or governmental negligence or (ii) an act or omission of a third party other than an employee or agent of the...
New York Navigation Law Sec 181. Liability. Section 3
3. (a) The owner or operator of a major facility or vessel which has discharged petroleum shall be strictly liable, without regard to fault, subject to the defenses enumerated in subdivision four of this section, for all cleanup and removal costs and all direct and...
N.Y. Navigation Law Sec. 176. Removal of prohibited discharges. Sections 7 – 8
7. (a) Nothing in this section is intended to preclude cleanup and removal by any person threatened by such discharges, who, as soon as is reasonably possible, coordinates and obtains approval for such actions with ongoing state or federal operations and appropriate...
N.Y. Navigation Law Sec. 176. Removal of prohibited discharges. Sections 4 – 6
4. Cleanup and removal of petroleum and actions to minimize damage from discharges shall be, to the greatest extent possible, in accordance with the National Contingency Plan for removal of oil and hazardous substances established pursuant to section 311 (d) of the...
N.Y. Navigation Law Sec. 172. Definitions Sections 7 – 14
Environmental Statutes, Codes, Regulations and Related Materials N.Y. Navigation Law Sec. 172. Definitions Sections 7 - 14 Unless the context clearly indicates otherwise, the following terms shall have the following meanings:7. "Department" means the department...
N.Y. Navigation Law Sec. 172. Definitions Sections 1 – 6a
N.Y. Navigation Law Sec. 172. Definitions Sections 1 - 6aUnless the context clearly indicates otherwise, the following terms shall have the following meanings:1. "Administrator" means the chief executive, within the department of audit and control, of the New York...