Posts marked "Enforcement"

Changes are happening in the electronic equipment recycling field; by next year, these changes will significantly affect recyclers, municipalities, property managers, and even individual homeowners.  These include, most notably, an absolute ban on disposing electronic equipment throughout New York State and national changes to the R2 Responsible Recycling and e-Stewards standards, which affect recyclers nationwide. … Read Post

The Division of Environmental Remediation of the New York State Department of Environmental Conservation (DEC) has released its 2012-2013 Annual Report, noting key developments of the past State Fiscal Year (April 1, 2012 – March 31, 2013). As reflected in the Annual Report, DEC’s environmental remediation programs affect many businesses across the state. For example, … Read Post

The New York State Department of Environmental Conservation (“NYSDEC”) announced last week that the agency has finalized its new Environmental Audit Incentive Policy. This policy, which was proposed last March, will reward businesses that implement good environmental self-management by, under certain circumstances, waiving some civil penalties for violations that are discovered while self-auditing. It will … Read Post

On February 4, 2013, the New York State Department of Environmental Conservation (“DEC”) issued a draft Commissioner’s Policy setting forth incentives for businesses to police themselves for potential environmental violations.  The draft Environmental Audit Incentive Policy, the first formal proposed change in DEC penalty and compliance policies in at least ten years, signals a willingness … Read Post

The recent devastating impacts of Tropical Storm Irene and the solemn remembrance of 9/11 make a review of New York’s emergency environmental procedures both timely and relevant.  Such emergencies affect existing environmental permits and create new unanticipated environmental problems that may require exceptions and waivers to the environmental status quo. The overall coordination and implementation … Read Post

On June 28, the Supreme Court granted a petition to review a Ninth Circuit decision holding, as other circuits have also held, that administrative compliance orders issued by the Environmental Protection Agency (“EPA”) under the Clean Water Act are not judicially reviewable until EPA brings an enforcement action in federal court.  The petitioners in this … Read Post

On March 8, 2011 the EPA announced its latest round of potential Superfund sites – nominees to be listed on the National Priorities List (NPL) under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), commonly known as the Superfund statute.  The proposed sites included the New Cassel/Hicksville groundwater contamination site (NCH Site), … Read Post

On March 1, 2011, the Environmental Protection Agency (“EPA”) announced its plans to postpone the upcoming deadline for mandatory reporting of greenhouse gas (“GHG”) emissions, which is currently scheduled for the end of this month.  EPA has not set a revised deadline, though the agency reported that it “is in the process of finalizing a … Read Post

In anticipation of new greenhouse gas (“GHG”) restrictions set to take effect on January 2, 2011, the Environmental Protection Agency (“EPA”) released guidance on the GHG permitting determinations for new and modified power plants, industrial facilities, and other stationary sources. The guidance is directed at regulated entities and state agencies, which have been delegated authority … Read Post

In a radio interview last week, outgoing New York Governor David Paterson announced his plans to eliminate the state’s participation in the federal Superfund cleanup program.  The proposal is one of several cuts designed to reduce the state’s budget deficit and accommodate the proposed layoffs of an additional 898 state employees by the year’s end, … Read Post