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Author Archives: George S. Van Nest

Environmental Law: NYS outdoor recreation booms under the coronavirus shutdown

Although we regularly report on legal and regulatory developments in this column, the COVID-19 pandemic and NYS On PAUSE lead to some interesting positive developments regarding the use and enjoyment of the State’s vast recreational opportunities. As NYS ramped up ...

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Environmental Law: Cuomo, electric generation siting board push expedited revisions to siting regulations

In conjunction with his proposed budget in January 2020, Gov. Andrew Cuomo stated that there is a need to revise and expedite siting regulations for electric generation facilities under Article 10 of the Public Service Law (PSL). In particular, the ...

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Environmental Law: EPA and Corps take another regulatory step with waters of the U.S. rule

As we noted previously in this column, on Feb. 28, 2017, President Trump issued an executive order directing the U.S. Environmental Protection Agency (EPA) and the Corps of Engineers to review and rescind the 2015 “waters of the United States” ...

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Environmental Law: Significant regulatory changes to the U.S. Endangered Species Act

  On August 12, 2019, the U.S. Fish and Wildlife Service (FWS) and Department of Commerce National Marine Fisheries Service (NMFS) finalized revisions to several key sections of the Endangered Species Act (ESA) regulations. The ESA has been in place ...

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Environmental Law: NYS Department of Environmental Conservation continues fight against National Fuel’s northern access pipeline project

Over the last decade, development of shale gas through hydraulic fracturing has blossomed in Pennsylvania. The shale gas boom has led gas companies, including National Fuel Gas Supply Company from New York, to explore and expand opportunities south of the ...

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Environmental Law: U.S. EPA and Corps of Engineers propose new waters of the U.S. rule

As we have reported on previously in this column, on Feb. 28, 2017, President Donald Trump issued an Executive Order directing the U.S. Environmental Protection Agency (EPA) and the Corps of Engineers to review and rescind the 2015 “waters of ...

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Environmental Law: U.S. EPA and Corps of Engineers work to repeal 2015 waters of the U.S. rule

On Feb. 28, 2017, President Donald Trump issued an Executive Order directing the U.S. Environmental Protection Agency (EPA) and the Corps of Engineers to review and rescind the 2015 “waters of the United States” rule that was issued under the ...

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Environmental Law: New York State significantly revises Part 360 Solid Waste Management Regulations

On Sept. 5, 2017, the New York State Department of Environmental Conservation (DEC) concluded an extensive regulatory revision process to make the first major changes to the Solid Waste Management Regulations, 6 NYCRR Part 360, in approximately 20 years. The ...

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Environmental Law: U.S. Environmental Protection Agency ends “sue and settle” practice in environmental litigation

Over the years the U.S. Environmental Protection Agency (EPA) has regularly settled litigation brought by environmental interest groups and stakeholders through consent decrees and settlement agreements that force EPA action or regulatory changes by court order rather than through normal ...

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Environmental Law: D.C. Circuit Court of Appeals nullifies part of the Obama administration’s 2013 Climate Action Plan regarding HFC ban

The Obama administration adopted a Climate Action Plan in 2013, which addressed climate change issues. Pursuant to the Climate Action Plan, the past administration indicated that “the [EPA] will use its authority through the Significant New Alternatives Policy Program of ...

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Environmental Law: Trump reverses past climate change policies with energy independence order

On March 28, President Donald Trump signed an executive order to dramatically shift course from the climate change focus of the Obama administration. The order has several components which will affect United States Environmental Protection Agency (EPA) climate regulations along ...

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