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Tag Archives: Environmental Law

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

George S. Van Nest

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

George S. Van Nest

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: Makers of household cleaning products required to come clean about ingredients

EL_HULL

In 1972, in the midst of a period that might be considered the boom time for new environmental law in New York, the Legislature enacted Article 35 of the Environmental Conservation Law relating to the distribution and sale of household ...

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

van-nest,-george-FEAT

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: Not in my backyard? Article 10 and the siting of electric generating facilities

EL_HULL

The proposal to locate a waste-to-energy facility on the former Seneca Army Depot in the Town of Romulus in Seneca County has reignited interest in New York State’s uneven approach to local control over the siting of “locally undesirable land ...

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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: The three legs of environmental law enforcement—the EPA, the DEC and citizens

EL_HULL

A question frequently asked of environmental lawyers these days is to predict what the Trump administration will do regarding environmental regulation and enforcement. Certainly in relation to regulations intended to slow or stop climate change by eliminating emissions of greenhouse ...

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