Posts marked "Emerging Issues"

The Sixth Circuit’s recent decisions in Kentucky Waterways Alliance et al v. Kentucky Utilities Co., (“Kentucky Utilities”) No. 18-5115 (6th Cir. Sept. 24, 2018), and Tennessee Clean Water Network v. Tennessee Valley Authority (“TVA”) No. 17-6155 (6th Cir. Sept. 24, 2018), have further widened an existing circuit split regarding EPA’s Clean Water Act (the “Act”) … Read Post


On July 12, 2018, the New York State Public Service Commission (“PSC”) issued an Order directing the New York State Energy Research and Development Authority (“NYSERDA”) to begin soliciting bids for approximately 800 MW of offshore wind capacity in the fourth quarter of 2018, taking the State closer to Governor Andrew M. Cuomo’s goal of … Read Post


For decades, per- and polyfluoroalkyl substances (“PFAS”) have been widely used in industrial processes and consumer products, including non-stick cookware, strain resistant fabrics, and firefighting foams.  PFAS have emerged as a focus of regulatory concern only in recent years, however, as new studies have detected PFAS in groundwater and drinking water supplies and have associated … Read Post


As one of numerous attempts by the Trump Administration to roll back Obama-era rules, in the coming weeks, the Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA) are expected to announce a proposed rule that would weaken the agencies’ 2012 national standards for vehicular greenhouse gas emissions and fuel economy and could … Read Post


For the first time, the City of New York has proposed a Stormwater Management Program (SWMP) to describe how the City will satisfy the requirements of its SPDES Municipal Separate Storm Sewer System (MS4) Permit.  This means that, as soon as this fall, certain large construction projects in the City will need City Department of … Read Post


The New York State Department of Environmental Conservation (NYSDEC) has finalized the State Pollutant Discharge Elimination System (SPDES) Multi-Sector General Permit for Stormwater Discharges from Industrial Activity (MSGP), which will take effect on March 1, 2018. Coverage under the MSGP may be obtained by applicants whose facilities conduct any of the industrial activities listed in … Read Post


In Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018), the U.S. Court of Appeals for the Ninth Circuit affirmed a district court ruling that  the County’s injection wells are “point sources” from which the County discharged pollutants in the form of treated effluent into groundwater, through which the pollutants … Read Post


On January 31, 2018, New Jersey Governor Phil Murphy signed an executive order setting the state on track to develop 3,500 megawatts (“MW”) of offshore wind power by 2030. This target is among the most ambitious in the country and has the potential to power 1.5 million homes.  This order follows New York’s recent issuance … Read Post


On February 9-10, 2018, SPR principals Daniel Riesel and Pamela Esterman will co-chair the 48th annual ALI CLE Environmental Law Course in Washington, DC. The course, which is co-sponsored by ALI CLE and the Environmental Law Institute, will feature advanced-level presentations by senior public officials, distinguished law professors, seasoned private practitioners, and experienced public interest … Read Post


Today, New York State Governor Andrew M. Cuomo unveiled the New York State Offshore Wind Master Plan: Charting a Course to 2,400 Megawatts of Offshore Wind Energy.  On behalf of the State, the New York State Energy Research and Development Authority (“NYSERDA”) oversaw the preparation of the Master Plan and its 20 supporting studies. The … Read Post