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Permitting

Supreme Court Hears Oral Argument in Maui Injection Wells Case

The federal Clean Water Act (CWA or Act) requires a permit for “any addition of any pollutant to navigable waters from any point source.” 33 U.S.C. 1362 (12) (A). On November 6, 2019, the US Supreme Court (Supreme Court) heard oral argument in County of Maui v. Hawai’i Wildlife Fund, No. 18-260. The question before…

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EPA Proposes Updates to Clean Water Act’s Water Quality Certification Requirements

On August 8, 2019, the United States Environmental Protection Agency (“EPA”) published a set of proposed amendments (the “Proposed Rule”) to the regulations governing the issuance of Water Quality Certifications by states pursuant to Section 401 (“Section 401 Water Quality Certification”) of the Clean Water Act (“CWA”). Under the Section 401 Water Quality Certification process,…

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DEC Releases Flood Risk Management Guidance Affecting the Flood Hazard Area Applied to State Permit Applications

On June 20, 2018, the New York State Department of Environmental Conservation (“DEC”) released two draft flood risk management guidance documents intended to advise New York state agencies on how to incorporate the consideration of future climate risks, including risks of sea-level rise, storm surge, and flooding, into existing regulatory processes. The non-binding guidance is…

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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…

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New Executive Order Curbs Environmental Review and Permitting Process for Infrastructure

On August 15th, 2017, President Trump issued an Executive Order intended to hasten the approval of infrastructure projects by streamlining and reducing the duration of the environmental review and permitting process.   The Order – which applies to transportation, energy production and transmission, broadband internet, water treatment, and other infrastructure projects – authorizes the White House…

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NY State Legislature Passes Bill to Regulate Petroleum-Carrying Vessels on the Hudson River

By: Zachary Berliner On June 21, the New York State Senate passed by a 61-to-1 vote a bill allowing state authorities to consider environmental impacts in reviewing permit applications for the operation of petroleum-bearing vessels on the Hudson River.  It now awaits Governor Andrew Cuomo’s signature after being passed by a similar bipartisan margin in…

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