Emerging Issues
New York Moves Closer to Offshore Wind Energy Procurement
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…
Emerging Contaminants Update: New Federal Report Highlights PFAS Risks as New York State Court Certifies Class Action for PFAS Groundwater Contamination
By Jonathan Kalmuss-Katz 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…
Federal Agencies Begin Rulemaking to Weaken Fuel Economy Standards
By: Nathaniel Eisen 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…
New York City Proposes First Stormwater Management Program Regulating Construction Runoff
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…
New NYSDEC Multi-Sector General Permit for Stormwater Discharges from Industrial Activity Takes Effect
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…
Are Indirect Discharges from Groundwater to “Waters of the United States” Regulated Under the Clean Water Act? Hawai’i Wildlife Fund v. County of Maui
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…
