Category Archives: New York

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New York State Proposes Revisions to Its Environmental Review Regulations

Late last month the New York State Department of Environmental Conservation (DEC) proposed to revise its Part 617 regulations, which are the rules governing the conduct of environmental impact review under New York’s “Little NEPA,” known as the State Environmental Quality Review Act (SEQRA). The proposal was officially noticed in today’s issue of the New … Continue Reading

New York State Regulator Finalizes Definitions Under Amended Brownfield Program Relating to Eligibility For Tangible Property Credits For New York City Brownfield Projects

On July 29, the Department of Environmental Conservation (DEC) adopted a new rule for the Brownfields Cleanup Program (BCP) to effectuate the brownfield amendments passed by the Legislature last year. Under amendments to the BCP passed in connection with the executive budgeting process, the Legislature sought to limit the availability of certain tangible property tax … Continue Reading

New York To Promote Climate Smart Project

This year’s New York State budget offered numerous headline grabbing changes, yet one of the less-heralded portions has the highest potential to reshape the state’s responsiveness to changing climactic conditions.  As part of the state transportation, economic development, and environmental conservation Article VII budget legislation (“TED Bill”), the Legislature passed Title 15 of Part U, … Continue Reading

New York Environmental Regulator Proposes Major Overhaul of Solid Waste Regulations

On Monday, Feb. 29, 2016, the New York Governor announced that the New York Department of Environmental Conservation (“DEC”) was proposing new regulations for the handling of solid waste.  The proposed changes to the solid waste regulations contained in Parts 360, 364, and 369 seek to reorganize and rationalize the muddled set of regulations created … Continue Reading

Ordinance Requiring Pesticide Warning Signs Found to Violate First Amendment

A town cannot compel a utility company to post a warning notice that its utility poles contain a wood preservative.  That is the effect of U.S. District Judge Spatt’s February 4th decision in PSEG Long Island LLC v. Town of North Hempstead, 15-cv-0222, slip op. (E.D.N.Y Feb. 4, 2016). On September 9, 2014, the Town … Continue Reading

New York State Formally Adopts Ban on Fracking: An Analysis of the New York State DEC’s SEQRA Findings Supporting Its HVHF Ban

The New York State Department of Environmental Conservation (DEC) undertook its final official step in imposing a total ban on gas drilling using the method of high-volume hydraulic fracturing (HVHF) through its issuance this week of its “Findings Statement” pursuant to New York’s State Environmental Quality Review Act (“SEQRA”).  This week’s action was a fait … Continue Reading

NYSDEC Issues Draft Brownfield Regulations Defining “Underutilized” and “Affordable Housing Project”

As described in our previous blog post, this spring New York enacted amendments to its Brownfield Cleanup Program (BCP) to, among other things, make eligibility for the lucrative tangible property tax credit more stringent for properties located in New York City.[1] Under the amended law, New York City-based developments will no longer be eligible for … Continue Reading

DEC Issues Its Long-awaited Final Supplemental Generic EIS on High-Volume Hydraulic Fracturing

DEC issued its Final SGEIS today which is available for review on its website. There was no mystery as to the outcome because the decision that the State would not authorize the technique in New York State was announced by the Commissioners of Health and Environmental Conservation at a December 17, 2014 cabinet meeting of … Continue Reading

New York Court of Appeals Upholds New York’s General Permitting Scheme for Municipal Stormwater Control

In a rare 4-3 split, the New York Court of Appeals upheld the general permit issued by the New York State Department of Environmental Conservation (“DEC”) in 2010 for discharges from municipal separate storm sewer systems that serve a population under 100,000 throughout New York State (small Ms4s).  At issue was the claim of the … Continue Reading

New York Lawmakers Agree on Brownfield Law Extension With Less Drastic Changes to Tax Credits

In a departure from his budget proposal, the Legislature negotiated changes with the Governor to extend the tax credits for New York’s Brownfield Cleanup Program (BCP) with relatively modest changes to BCP eligibility requirements.  The Governor’s budget proposal would have limited the lucrative “tangible property” tax credit, which is the credit based on a percentage … Continue Reading

New York Clears the Way for Permitting LNG-Refueling Stations

The New York State Department of Environmental Conservation (DEC) announced on January 28, 2015 that it has finalized a new regulatory regime to allow the construction of liquefied natural gas (LNG) refueling stations in all parts of the State except for New York City.  Under the agency’s final Part 570 regulations, the facilities would be … Continue Reading

New York Environmental Regulator Announces New Hazardous Waste Enforcement Initiative

In a move that will have a substantial impact on how supermarkets, drug stores and big box retailers in New York State manage returned, expired and damaged products, the New York Department of Environmental Conservation (DEC) recently announced that it would begin to require strict compliance with the hazardous waste management requirements of the Resource … Continue Reading

New York Bans Fracking In New York: What Now?

The wait is over in New York on fracking.  At a cabinet meeting today Governor Cuomo and his Commissioners of Health and Environmental Conservation announced that the long-awaited Final Supplemental Generic Environmental Impact Statement will be released and establish that HVHF cannot move forward in New York.  The decision document will be contained in what … Continue Reading

New York Bans High-Volume Hydraulic Fracturing

After years of speculation, the New York State Governor announced at a cabinet meeting, with his health and environmental commissioner by his side, that New York would not authorize permitting for high-volume fracturing in New York because of unanswered scientific questions on the safety and health effects of the procedure.  Cuomo’s environmental commissioner, Joe Martens, … Continue Reading

Stepping Off the Gas Pedal: New York Adds Upper Limit to Proposed LNG Rules

Despite the abundance of natural gas within the state and region, and the reputation of natural gas as the cleanest burning of fossil fuels, New York remains a treacherous political environment for companies seeking to expand the use or extraction of gas. The anti-fracking movement maintains a strong base of support in the state and … Continue Reading

New York State Adopts Law Mandating Consideration Of Impacts From Climate Change In Governmental Decision Making

Climate change, or the alteration of global climate patterns due to increased levels of greenhouse gases in the atmosphere, continues to generate passion among members of the electorate.  Environmental activists and politicians push for new policies specifically aimed at limiting the causes of increasing global temperature or mitigating its adverse consequences.  In the wake of … Continue Reading

New York Court Tosses Property Owners’ Little NEPA Challenge to New York State’s Failure To Complete Hydraulic Fracturing EIS For Lack of Standing

A trial court in Albany, New York has landed another blow against high-volume hydraulic fracturing (“HVHF”) in New York by tossing two lawsuits (decisions available here and here) brought by property owners and a bankrupt operator challenging New York’s failure to complete its environmental review of high-volume hydraulic fracturing in a timely manner.  This comes a little … Continue Reading

Court of Appeals’ Dryden/Cooperstown Decision – Sanctity of Local Zoning Upheld, But Does It Doom NY Fracking?

This post follows up on today’s earlier post on the New York Court of Appeals’ decision in Wallach v. Dryden and Cooperstown Holstein Corp. v. Middlefield. In a 5-2 vote, New York’s highest court – the Court of Appeals – upheld the power of local governments to ban, through adoption of local laws, high-volume hydraulic fracturing.  The … Continue Reading

New York Court of Appeals Upholds Municipalities’ Fracking Bans

The New York Court of Appeals has just released its decision upholding the right of local governments to enact bans on high volume hydraulic fracturing.  The court held that the State’s Oil, Gas and Solution Mining Law “does not preempt the home rule authority vested in municipalities to regulate land use.”  The decision can be … Continue Reading

NY Community Risk & Resiliency Act – Significant Step Forward or Much Ado About Nothing?

Written by Steven C. Russo and Robert M. Rosenthal On June 19th, the New York Legislature passed the Community Risk and Resiliency Act in both houses by wide margins. The Act would likely be submitted to the Governor in the next two months for signature.  The Act has a laudable goal, to seek to encourage … Continue Reading

New York Governor Proposes to Extend Brownfield Tax Credit With Major Revisions

From Steven Russo of GT New York City and Robert Rosenthal of GT Albany: The New York Governor proposed to extend the most significant tax credits associated with New York’s Brownfield Cleanup Program (BCP) as part of his Executive Budget.  The proposal tries to take a middle ground between the cheerleaders of the program, who contend … Continue Reading
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