On March 24, 2015, the New York Court of Appeals heard oral argument on a case challenging how municipal separate storm sewer systems (known as MS4s) are regulated by the New York State Department of Environmental Conservation (NYSDEC). The Court of Appeals will decide whether the federal Clean Water Act (CWA) is violated by the
The New York State Department of Environmental Conservation (“DEC”) proposed changes to update and consolidate its petroleum bulk storage (“PBS”) and chemical bulk storage (“CBS”) regulations. These changes will affect as many as 40,000 facilities in the state. The DEC contends that its proposed regulations will make compliance easier and cheaper.
New York’s current regulations
By decision dated March 13, 2014, the Appellate Division, Second Department, upheld a trial court decision in Harbor Park Realty, LLC v. Modelewski, affirming certain relief granted by the Town of Huntington Zoning Board of Appeals (“ZBA”) to 1033 Fort Salonga, LLC, et al. (hereinafter “1033”) for a depth extension into a residential
REAL PROPERTY PRE-PURCHASE DUE DILIGENCE:
IMPACT OF ASTM’S NEW PHASE I ENVIRONMENTAL SITE ASSESSMENT STANDARD
By: Charlotte Biblow
Prospective property buyers and their environmental professionals are treading in uncertain territory when conducting due diligence activities these days. Here’s why:
Background
On November 1, 2005, the US Environmental Protection Agency (“USEPA”) issued its All Appropriate Inquiries
On September 10, 2013, the Town of Southampton adopted a Resolution authorizing the “acquisition” of the ever popular and quite infamous Neptune Beach Club (referred to by partygoers as “Neptunes”) located on Dune Road in Hampton Bays. The source of funding for the acquisition is the Community Preservation Fund (“CPF”) established in 1998 and adopted
Yes, it’s true- the New York State Legislature has proposed legislation specifically designed to provide Towns, Villages and Cities with the authority to not only regulate, but to ban, all retail establishments which present a standardized branded marketing concept!
During the 2013-2014 Legislative Session, Legislative Bill S01771/A01216 was introduced for consideration by the New York
On May 21, 2013, the Town of Brookhaven adopted Local Law No. 26, which amends Brookhaven Town Code § 85-38 by imposing a supermajority vote of Brookhaven Town Board members in those instances where a written petition, commonly known as a “Protest Petition” is filed by town property owners opposing a change of zone application.
In July 2012, the New York State Department of Environmental Conservation (“NYSDEC”) proposed significant amendments to the regulations that implement the State Environmental Quality Review Act (“SEQRA”).[1] The proposed changes will mandate certain steps that are currently optional, will lower threshold triggers for SEQRA review and will reclassify certain actions to change the level
“Vapor intrusion” refers to the process by which volatile chemicals move from a subsurface source into the indoor air of overlying or adjacent buildings. The New York State Departments of Health (“NYSDOH”) and Environmental Conservation (“NYSDEC”) have identified vapor intrusion as a major concern and it has become a dominant issue in their oversight activities. Moreover, because of the nature of sub-surface vapors, oftentimes vapor intrusion is not limited to on-site concerns but also to off-site impacts.
Continue Reading Vapor Intrusion Issues For Property Owners
In August 2011, New York enacted the Power Act of 2011, aimed at encouraging investment in electric generating facilities and creating green jobs. The Act re-established Article 10 of the Public Service Law, relating to the siting process for approving major power plants. This latest version of Article 10 requires the New York State Department