After six years and vigorous public comment, the New York State Department of Environmental Conservation (DEC) has adopted substantive amendments to the implementing regulations of the State Environmental Quality Review Act (SEQRA). The new regulations take effect on January 1, 2019 and will apply to all pending and future actions for which a determination of

In April of 2016 we published the blog entitled “Mining in the Hamptons: Appellate Division Affirms Town of Southampton Zoning Board of Appeals Limitations on Pre-existing Nonconforming Uses Associated with Hamptons Mining Operation.” Despite the Appellate Division’s decision regarding certain pre-existing nonconforming uses occurring on the site, Sand Land Corporation’s (“Sandland”) pre-existing mining

In Fichera, et al. v. New York State Dep’t of Envt’l Conserv., et al., decided last month, Petitioners commenced an Article 78 proceeding seeking to void actions taken and determinations made by the New York State Department of Environmental Conservation and the Zoning Board of Appeals of the Town of Sterling (“Sterling ZBA

In 2012, the New York State Department of Environmental Conservation (NYSDEC) proposed sweeping changes to its State Environmental Quality Review Act (SEQRA) regulations. These proposed changes were not adopted. Rather, five years later, in February 2017, the NYSDEC issued proposed amendments to the SEQRA regulations and a draft generic environmental impact statement, (GEIS), in which

th3QKHUYHKThere has been a lot of recent press about water pollution caused by PFOS and PFOA, in particular at Hoosick Falls in upstate New York and at the Stewart Air National Guard Base in Newburgh. You may have wondered what the heck these chemicals are and should we be worried about them on Long Island.

ewaste photo Want to get rid of that ten-year-old computer or monitor?  Don’t just toss it out with the general trash if you live or work in New York.  New York requires recycling of electronic equipment, known as e-waste. According to a recent report issued by the NYS Department of Environmental Conservation, the State’s e-waste recycling program

fp_sea_level_globeImagine walking along Jones Beach, dipping your toes into the cool ocean water. Now imagine that ocean six feet higher. Scientists project that by 2100, sea levels along New York’s coastlines and estuaries likely will be 18 to 50 inches higher than they presently are. One New York State-funded research study predicted that sea levels

 

 imagesTIZO8UVJOn 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

“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