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Environmental Law

Environmental Law: Biden administration proposes major green policies under infrastructure plan

George S. Van Nest

The Biden administration announced a major infrastructure plan captioned the American Jobs Plan in March 2021 with massive $2.3 trillion expenditures and a broad definition of what counts for infrastructure. The proposal addresses bridges and roads to an extent but ...

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Environmental Law: Potential environmental policies in a new presidential administration

George S. Van Nest

With the presidential election concluded and a new Biden administration on the horizon in 2021, it’s useful to look ahead to potential environmental policies that may be implemented. Although environmental policy changes from administration to administration, the switch from one ...

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NY DEC issues proposed regulations to implement Climate Leadership and Community Protection Act

George S. Van Nest

On July 18, 2019, Governor Cuomo signed the Climate Leadership and Community Protection Act (CLCPA).  The legislation was described in the governor’s press release at the time of adoption as “the most ambitious and comprehensive climate and clean energy legislation ...

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Environmental Law: NYS outdoor recreation booms under the coronavirus shutdown

George S. Van Nest

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

George S. Van Nest

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

van-nest,-george-FEAT

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

George S. Van Nest

  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

George S. Van Nest

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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