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
In an area of shifting sands, the Suffolk County Supreme Court in Semlear, et al. v. Albert Marine Construction, Inc., delineated property rights landward of the crest of the dune, the “line of demarcation”, and the rights of the Southampton Town Trustees to regulate the placement of shoreline protection structures along the beaches of the
“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