On July 28, 2023, in response to three separate fires at Battery Energy Storage System (“BESS”) locations in New York, Governor Kathy Hochul announced the creation of an inter-agency fire safety working group. The Fire Safety Working Group, to be comprised of the Division of Homeland Security and Emergency Services Office of Fire Prevention and Control, New York State EnergyContinue Reading Fires at New York Battery Energy Storage System Facilities Ignite State Response
The New York Climate Leadership and Community Protection Act (“CLCPA”) established ambitious targets to transform New York’s energy generation and efficiency. The CLCPA was signed into law in 2019 with goals to achieve 100% zero-emission electric generation by 2040 and greenhouse gas emission reduction to 85% below 1990 levels by 2050, among others. The clean energy investments contemplated by the…Continue Reading Green for Green: New York’s Climate Justice Working Group Identifies Qualified Disadvantaged Communities for Clean Energy and Energy Efficiency Investments
The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property. A Phase I ESA includes a site inspection and review of current and past uses and ownership, among other things, to evaluate actual and potential environmental conditions. If performed in accordance with the All Appropriate Inquiry Rule (“AAI Rule”), a Phase…Continue Reading It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard
In November 2015, the northern long-eared bat was listed as a threatened species due to the devastating impact of white-nose syndrome. White-nose syndrome is a disease caused by a fungus that affects hibernating bats and is decimating the bat population. As a result of continued population decline, the U.S. Fish and Wildlife Service (“USFWS”) announced a final rule to reclassify…Continue Reading U.S. Fish and Wildlife Service Lights the Bat Signal, Designating the Northern Long-Eared Bat as Endangered
For the New York State Department of Environmental Conservation (“NYSDEC” or “Department”), discretion has been the better part of valor when considering enforcement of certain provisions of the Revised Part 360 Solid Waste Regulation Series (“Regulations”).
In September 2017, NYSDEC announced a comprehensive overhaul of the then existing regulations governing Solid Waste Management Facilities. The Regulations became effective on November…Continue Reading Nearly 5 Years After Historic Update, New York’s Part 360 Solid Waste Regulation Series Remains a Work in Progress
When New York Governor Kathy Hochul executed the 2022-2023 State Budget, it included a 10-year extension to the State’s Brownfield Cleanup Program (“BCP” or “Program). The State’s voluntary, incentive-laced, BCP was set to expire on December 31, 2022. The Program’s extension generally reinforces the State’s commitment to incentivize the remediation and re-use of environmentally-compromised and economically-blighted property.
Applicants can now…
Continue Reading 10 More Years – New York’s Brownfield Cleanup Program Extended
When it comes to pre-acquisition environmental due diligence, a properly prepared Phase I ESA is the ounce of prevention that is worth a pound of cure. Phase I Environmental Site Assessments (“Phase I ESA”) are a routine due diligence requirement of any commercial transaction involving real estate. A Phase I ESA generally consists of four main components, including a site…
Continue Reading ASTM Adopts New Phase I ESA Standard – Impact to Environmental Diligence and CERCLA Affirmative Defenses
On October 5, 2021, the New York State Department of Environmental Conservation (“Department” or “DEC”) released water quality guidance values for three emerging compounds, PFOA, PFOS and 1,4-Dioxane (collectively, “Emerging Compounds”). The comment period for the draft guidance values runs until November 5, 2021. Comments can be issued to the Department at 625 Broadway, 4th Floor, Albany, NY 12233-3500, ATTN:…
Continue Reading Public Comment Period Open for NYSDEC Proposed Guidance Levels for PFOA, PFOS and 1,4-Dioxane in Ground and Surface Water
In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for a settling-party against a non-settling responsible party pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C §9613(f)(3)(B). The…
Continue Reading US Supreme Court Rules that CERCLA-Specific Settlement is a Pre-Requisite to a CERCLA Contribution Claim
Local Law 97 of New York City’s Climate Mobilization Act (the “Act”) is the City’s aggressive greenhouse gas emission reduction plan for buildings. The City has published figures indicating that approximately 70% of greenhouse gas emissions are attributable to the City’s building stock. The Act sets lofty emission reduction goals for existing buildings, with emission limits that become stricter over…
Continue Reading NYC Climate Mobilization Act – Relief in Sight?