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Governor Andrew Cuomo vetoed the Brownfield Cleanup Program (“BCP”) extension bill passed by the New York State legislature this past June. The proposed bill would have extended the availability of tax credits under the BCP until March 31, 2017, without any changes to eligibility criteria. Under the current law, any party seeking BCP-related tax credits … Read Post

On December 17, the Cuomo administration announced that it would ban high-volume hydraulic fracturing (“fracking”) in New York State. As previously discussed on our blog, New York has had a moratorium on fracking in place since 2008, when then-Governor David Paterson directed the New York State Department of Environmental Conservation (“DEC”) to update the 1992 … Read Post

On November 25, 2014, the US Environmental Protection Agency (“EPA”) proposed to strengthen the Clean Air Act’s National Ambient Air Quality Standard (NAAQS) for ground-level ozone. The proposed regulation would lower the threshold for ozone pollution from 75 parts per billion (“ppb”) to a range of 65 to 70 ppb, which falls within the 60 … Read Post

SPR attorneys have secured a victory on summary judgment for several defendants in Next Millennium Realty, LLC v. Adchem Corp. The plaintiffs in Next Millennium are the current owners of a contaminated site in Westbury, New York. They sought to recover millions of dollars in remediation costs for that site – which is a portion … Read Post

Last month, New York Governor Andrew Cuomo signed the Community Risk and Resiliency Act, a law requiring consideration of climate change impacts across a broad of range of permitting programs, land use plans, and other state and local initiatives. The Act, which garnered broad support in the New York Senate and Assembly earlier this year, … Read Post

On the weekend of the People’s Climate March in New York City, Mayor Bill de Blasio announced a target of reducing the City’s greenhouse gas (“GHG”) emissions by 80 percent by 2050 from 2005 levels, and a plan to achieve nearly two-thirds of those emissions reductions by retrofitting and increasing energy efficiency within the City’s … Read Post

On September 4, 2014, a coalition comprising local governments, businesses, and academic and non-profit organizations launched the Solarize Westchester initiative, with a goal of installing at least 400 new solar power systems in Westchester County over the next 18 months. Funded through the New York State Energy Research and Development Authority (“NYSERDA”) NY-Sun Initiative, Solarize … Read Post

Following the New York Court of Appeals’ decision allowing municipalities to ban hydraulic fracturing (“fracking”) operations within their borders, in recent weeks there have been three additional developments relating to fracking on a state and national level. On July 14, 2014, EPA extended the deadline for comments on a proposed rule governing disclosure of chemical … Read Post

On Monday, June 23, the U.S. Supreme Court issued Utility Air Regulatory Group v. EPA, a mixed decision with three key holdings: (1) that the Environmental Protection Agency (“EPA”) has the authority to regulate the greenhouse gas (“GHG”) emissions of stationary sources already required to obtain Clean Air Act (“CAA”) Prevention of Significant Deterioration (“PSD”) … Read Post