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 Conservation and Recovery Act (RCRA). In this GT Alert, the authors discuss this new development and what affected businesses may do to respond.

 

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Photo of Steven C. Russo Steven C. Russo

Steven C. Russo co-chairs the Environmental Practice and chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, energy project siting, renewable energy, Brownfields

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Steven C. Russo co-chairs the Environmental Practice and chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, energy project siting, renewable energy, Brownfields redevelopment, toxic tort litigation, including emerging contaminants, environmental crimes, government law and policy and the environmental review and permitting, environmental due diligence and risk management, and the environmental components of land use and real estate law. Steven is equally experienced litigating in federal and state courts, as well as counseling his clients with regard to the development of major industrial, energy and residential development projects. He also practices election and campaign finance law.

Prior to joining the firm, Steven was the Chief Legal Officer of the New York State Department of Environmental Conservation. There, he supervised approximately 90 attorneys in Albany, as well as the agency’s nine regional offices. He also supervised the agency’s legislative affairs department and Office of Environmental Justice. At the agency, Steven initiated a reform of the state’s environmental impact review regulations and assessment forms, completed the issuance of new power plant siting regulations pertaining to environmental justice and carbon emissions, and revised the agency’s environmental audit policy.

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Photo of Christopher Bell Christopher Bell

Chris Bell represents clients in civil and criminal enforcement and investigations, litigation, compliance counseling, emergency incident response, and legislative and regulatory advocacy (including appellate challenges to rulemakings) under all of the major environmental, health, safety and natural resource laws. His enforcement experience includes…

Chris Bell represents clients in civil and criminal enforcement and investigations, litigation, compliance counseling, emergency incident response, and legislative and regulatory advocacy (including appellate challenges to rulemakings) under all of the major environmental, health, safety and natural resource laws. His enforcement experience includes internal investigations, responding to grand jury investigations and agency information requests, and negotiating consent, probation, and debarment agreements. He is currently the EPA Independent Monitor overseeing the nation’s largest investor-owned energy company’s compliance with complex debarment and probation agreements arising from the resolution of a criminal enforcement case brought under the Clean Water Act.

Chris assists buyers, sellers, investors and financial institutions on the environmental aspects of transactions, including conducting due diligence, negotiating the environmental provisions of transactional documents, and identifying and executing insurance-based risk management opportunities. His transactional experience has included upstream, midstream and downstream energy projects, alternative energy projects, and transactions in the manufacturing, logistics, consumer products and chemicals sectors.

He helps clients evaluate and implement compliance and ethics programs (e.g., under the Sentencing Guidelines), and environmental, health and safety management systems (including based on ISO 14001). Chris advises clients on sustainable development, climate change, product and chemical stewardship and regulation, and value chain management. He recently served on an independent committee advising the senior management of a Fortune 50 company on its global sustainability strategy and reporting.

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Photo of Robert M Rosenthal Robert M Rosenthal

Robert (Bob) Rosenthal focuses his practice on environmental and energy law matters, including litigation in federal and state courts, regulatory permitting, and contract negotiations. He represents major companies on matters involving the Public Service Law, the Federal Power Act, the Natural Gas Act,

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Robert (Bob) Rosenthal focuses his practice on environmental and energy law matters, including litigation in federal and state courts, regulatory permitting, and contract negotiations. He represents major companies on matters involving the Public Service Law, the Federal Power Act, the Natural Gas Act, the State Environmental Quality Review Act (SEQRA), and New York’s Tidal and Freshwater Wetland Acts. Robert also handles the governmental, environmental, and energy aspects of land use and real estate transactions. His clients include electric generation facilities (traditional power plants, solar and wind energy), gas pipelines, solid waste landfills, and other energy infrastructure projects.

Bob has worked on numerous regulatory actions pending before New York Public Service Commission, including those related to the planning and siting of electric transmission, power plants and gas infrastructure, wholesale electricity markets, electric and gas retail utility rates, and the regulation of telecommunications. Bob also represents clients before town planning boards for special permits, particularly for renewable energy projects, and guides clients through the Public Service Law Articles 8 and 10 siting processes. He has represented energy clients before the New York Independent System Operator, PJM, and the Federal Energy Regulatory Commission. His litigation experience includes obtaining trial- and appellate-legal decisions under the Clean Air Act, obtaining dismissals of Article 78 petitions challenging SEQRA processes, securing permanent injunctions on First Amendment grounds, obtaining waivers under NYISO tariffs to preserve wind energy projects in interconnection queues, and defending CERCLA counterclaims against Eleventh Amendment challenges.

Bob served as general counsel for the New York Public Service Commission and Department of Public Service, overseeing more than thirty attorneys and advising on legal matters related to energy, utilities, and telecommunications. He led teams in drafting key PSC orders on renewable energy, transmission planning, and affordability programs, and developed a new utility enforcement unit. Robert also integrated the Office of Renewable Energy Siting into DPS, expanded its authority, and supervised all PSC litigation, preparing commissioners for monthly meetings.

Bob’s experience includes serving as senior counsel in the New York Attorney General’s Environmental Protection Bureau, where he represented the state in major federal and state court cases and handled regulatory enforcement, settlements, and appellate briefs, including landmark Clean Air Act actions. In the Governor’s Counsel’s Office, he advised on energy, environment, and agriculture policy, drafted and negotiated key legislation and budget bills, supervised major litigation, and contributed to strengthening utility oversight and environmental regulations.

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