On Dec. 18, 2018, the New York State Drinking Water Quality Council, in consultation with the Departments of Health and Environmental Conservation, recommended drinking water standards for three so-called “emerging
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Robert M Rosenthal
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 of North Hempstead (“Town”) enacted an ordinance that required PSEG Long Island (“PSEG-LI”) to post a “warning” sign on every fourth utility pole, indicating that: the utility pole contained a hazardous chemical; prolonged exposure should be avoided; and exposed areas should be washed. PSEG-LI challenged the ordinance on multiple grounds including that it violated the First Amendment. Greenberg Traurig attorneys William A. Hurst, Robert M. Rosenthal and Steven C. Russo represented PSEG-LI.
The majority of utility poles in the United States, including those PSEG-LI recently installed in the Town, are treated before use with Pentachlorophenol (“Penta”) – a heavy-duty, EPA-registered wood preservative regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Town sought to justify the ordinance requiring warning signs on the ground that the utility poles allegedly posed a significant risk to residents who touch them, and to the environment itself, ostensibly through migration of Penta into groundwater (although none has been documented in amounts exceeding any applicable maximum contaminant or action level). During the public debate that followed, and in its Complaint to the District Court, PSEG-LI pointed out that Penta is registered for exactly – indeed, solely – this use, based on a comprehensive EPA health and environmental risk assessment.
On February 4, the District Court declared the ordinance an unconstitutional attempt to compel noncommercial speech. In so doing, the Court hewed closely to the standard First Amendment analysis with respect to government-compelled speech.Continue Reading Ordinance Requiring Pesticide Warning Signs Found to Violate First Amendment
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…
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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…
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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…
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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…
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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…
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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…
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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…
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