Environmental Provisions in Stimulus Bill

As we outlined in a December 22 post, Congress recently approved one of the largest economic stimulus measures ever to help the economy bounce back from the pandemic-induced recession. Despite its weirdly anodyne title, the 5,593-page Consolidated Appropriations Act, 2021 (“CAA”), contains (among about 2.3 trillion other things) what some are calling the most significant […]


The Community Risk and Resiliency Act (CRRA)

CRRA Summary On September 22, 2014, Governor Andrew Cuomo signed bill A06558/S06617-B, the Community Risk and Resiliency Act (CRRA). The purpose of the bill is to ensure that certain state monies, facility-siting regulations and permits include consideration of the effects of climate risk and extreme-weather events. The Five Major Provisions Of The CRRA Official Sea-Level […]


Mass Timber Construction

Most large structures comprise steel and concrete, which have been the materials of choice for large building construction for well over a century.  A few builders, however, are trying to set a new trend: creating large structures made primarily out of structural wood.  This trend has become known as known as “mass timber” construction. Mass […]


Selecting an Environmental Lawyer

Environmental law matters frequently involve an overlap and interplay between legal, scientific, and business concerns.  Translating science into policy and policy into law and the resulting enforcement or interpretation of the law by government agencies and the courts can leave people and businesses frustrated, confused, and confounded by the law and its regulators.  Adding to […]


Trump Administration Moves Forward with Major Changes to National Environmental Policy Act (NEPA)

Earlier this month, the Council on Environmental Quality (CEQ) announced its final rule titled “Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act.”  The changes are significant and—to put it mildly—not without controversy. NEPA has been with us for some time.  The Act was promulgated in 1970, when the environmental […]


Public Service Commission Issues Order Extending NY-Sun Program

In spite of the seemingly cataclysmic budget pressures New York State is under in light of additional expenses and crimped revenue related to the pandemic response, its long-term commitment to achieving its renewable energy goals, as articulated in the Climate Leadership and Community Protection Act (CLCPA), shows few signs of wavering. On May 14th, the […]


NYSERDA GETS THE “OK” FOR OFFSHORE WIND PROCUREMENT, EXERCISES CAUTION

On Monday the New York State Energy Research and Development Authority (NYSERDA) secured approval from the New York Public Service Commission (PSC) to solicit bids for offshore wind procurement for up to 2.5GW of new capacity. The approval was issued sooner than anticipated, a mere three days after the proceeding’s comment period. PSC’s 4-1 vote […]


ENVIRONMENTAL PROVISIONS IN THE NEW YORK STATE BUDGET

State and local leaders have been as visible as ever making rules and creating support mechanisms to help us cope with the COVID-19 pandemic. Governor Cuomo is issuing executive orders at a dizzying pace. Attorney General James has been active in heading off would-be price gougers and stimulus bilkers. Onondaga County Executive McMahon accosts the […]


New Permitting Process for Large-Scale Renewable Energy Projects

On February 21, the Governor introduced the Renewable Energy Growth and Community Benefit Act for inclusion into the 2020 budget. Its goal is to streamline the process for approving large-scale (sometimes called (utility-scale) renewable energy projects. Currently, projects that anticipate generating under 25 megawatts are required to go through a local permitting process featuring SEQR […]