New York

Category: New York

April 4, 2019 • Environmental Law Monitor, New York

Attention New York City Cooling Tower Owners and Operators: NYC Council Expands Cooling Tower Inspection Reporting Requirements

It has been three years since Legionnaires’ disease made national headlines following an outbreak surrounding the cooling tower of the Opera House Hotel in the South Bronx. Legionnaires’ disease is a serious type of pneumonia caused by the waterborne pathogen known as Legionella. It is contracted when susceptible individuals inhale water droplets or mist containing elevated levels of legionella bacteria. … Continued

March 14, 2019 • Environmental Law Monitor, EPA, New York, Water Contamination

1,4-Dioxane is Back in Court, Following a New and Familiar Template for Water Authority Claims

Late last week, a pair of lawsuits on water contamination were filed in the U.S. District Court for the Eastern District of New York on behalf of local water authorities. Back in the news is the emerging contaminant 1,4-dioxane, which made headlines in late 2017 in a related and similar groundbreaking lawsuit that sought to … Continued

October 4, 2018 • Emissions, Environmental Law Monitor, New York

Nuclear NY: “ZEC” Subsidies Permitted by Second Circuit

On September 27, 2018, the Second Circuit Court of Appeals upheld the District Court’s ruling in Coalition for Competitive Elec., et al. v. Zibelman, et al., and determined that New York State’s ZEC program is neither field nor conflict preempted. No. 17-2654, 2018 WL 4622696 (2nd Cir. Sept. 27, 2018). Moreover, the court found that … Continued

September 13, 2018 • Due Diligence, Emerging Issues, Environmental Law Monitor, Legislation, New Jersey, New York

Environmental Due Diligence: What’s The Latest On Federal Environmental Review?

Just a few days ago, the U.S. House of Representatives’ Judiciary Committee — in a tight split — voted to support a bill that seeks to target the slow pace of the permitting process for infrastructure and development projects that require review by federal agencies. The bill, named the “Permitting Litigation Efficiency Act,” is expected … Continued

August 9, 2018 • Environmental Law Monitor, General, Legislation, New York

NYS DEC Adopts First Major Update to State’s Environmental Quality Review Regulations in 20 Years

On June 28, 2018, the New York State Department of Environmental Conservation (DEC) promulgated revisions to the State Environmental Quality Review Act (SEQRA). These are the first substantial revisions to SEQRA in over 20 years.The amendments go into effect beginning January 1, 2019 and will apply to all pending and future actions. Under SEQRA, actions are classified into three main designations: … Continued

August 2, 2018 • Emerging Issues, Environmental Law Monitor, New York

Legionella Strikes Again In New York City

As we recently reported, New York City recently increased its enforcement of regulations for treating cooling towers, particularly given that the increased risk of legionella from cooling towers during the warmer summer months. Legionnaires’ disease is caused by pathogen known as legionella. Legionella is a water-borne bacteria, transmitted through aerosolized droplets of water, e.g., the mist … Continued

July 26, 2018 • Clean Air Act, Climate Change, Environmental Law Monitor, New York

Kivalina and AEP Claim Another Victim – New York Climate Change Suit Falls

Like the proverbial acid relentlessly burning its way through materials in which it comes in contact, the relentless reasoning underlying the Am. Elec. Power Co., Inc. v. Connecticut, 564 U.S. 410 (2011) (AEP) and Native Village of Kivalina v. ExxonMobile Corp., 696 F.3d 849 (9th Cir. 2012) (Kivalina) climate lawsuits has claimed another victim. After taking out the … Continued

July 12, 2018 • Environmental Law Monitor, Litigation, New York, PFOA, Water Contamination

PFAS Alert: New York State Court Certifies PFOA Class Action

On July 3, 2018, a state court in New York certified a class action lawsuit that involves residents of Petersburgh, New York who claim exposure to varying levels of the chemical, perfluorooctanoic acid (PFOA). PFOA is in the class of chemicals known as per-and polyfluoroalkyl substances and was used to make heat, water, and stain resistant household and commercial products. … Continued

July 5, 2018 • Environmental Law Monitor, Fracking, Hydraulic Fracturing, New York

New York Federal Court Rejects Landowner’s Claimed Right to Drill, But Will Challenges Continue?

A federal court in New York recently dismissed a landowner’s claim that the state’s ban on hydraulic fracturing violated the takings clause of the Fifth Amendment and due process rights. In Morabito v. The State of New York, et. al., the plaintiffs filed a complaint in the Western District of New York, asserting that the state’s decision to prohibit high-volume fracking activities constituted … Continued

June 28, 2018 • Environmental Law Monitor, General, New York

New York State Requires Manufacturers of Household Cleaning Products to Disclose Chemical Ingredients. Heads Up! This Includes Nanomaterials.

On June 6, 2018, the State of New York’s Department of Environmental Conservation (NYSDEC) launched a new initiative to require the public disclosure of chemical ingredients in household cleaning products. The cited authority for this program derives from Environmental Conservation Law (ECL) Article 35 and New York Code of Rules and Regulations (NYCRR) Part 659. The … Continued