Is Your Mulch Processing Facility in Compliance with the Law? New Regulations took Effect on November 4, 2017 Effective November 4, 2017, Mulch Processing Facilities in the state of New York are subject to regulation under the state’s revised and updated Solid Waste Management Facilities rules. Mulch Processing Facilities create a product derived from tree […]
My last blog entry discussed New York’s regulation of wetlands. I was going to discuss permit application process with this entry, but after some feedback, I thought I should discuss federal regulation of wetlands instead. As I mentioned earlier, wetlands are protected under Section 404 of the Clean Water Act (“CWA”), which was implemented more […]
My last blog entry discussed what wetlands are and why they are so important. This blog entry talks about how they are regulated in New York State. Wetlands are regulated by State and Federal law. Federally, wetlands are protected by the U.S. Army Corps of Engineers (“ACOE”) under Section 404 of the Clean Water Act. […]
Lockport, NY Realtor Pleads Guilty To Violating Lead-Based Paint Disclosure Rules This first case is an appropriate follow-up to my August 30, 2017 blog post, which discussed EPA’s Lead Renovation, Repair and Painting Rule. On September 7, 2017, Maureen S. Walck, of Lockport, NY, pleaded guilty to failure to provide a lead paint hazard warning […]
Wetlands: Part One. What are they and why are they so important? Our environmental work for clients often includes issues related to wetlands, yet many people do not know what they are, why they are so important or how they are regulated. This blog entry talks about what wetlands are and the crucial role they […]
To ensure that property owners and occupants are able to act quickly to preserve their homes and property in the wake of disasters, the RRP rule includes an emergency provision exempting firms from certain requirements. EPA’s Lead Renovation, Repair and Painting Rule (RRP Rule) requires that firms performing renovation, repair, and painting projects that disturb […]
Few people have heard of vapor intrusion, so what, exactly, is it? In simple terms, vapor intrusion is a process by which subsurface contamination moves into the indoor air space of an enclosed area above it. It happens when volatile, vapor-forming chemicals move from a subsurface source—say contaminated soils or groundwater—through cracks in foundations or […]
The Trump Administration has proposed the termination of many Obama administration environmental programs and initiatives and drastic cutbacks to the budget of the United States Environmental Protection Agency. In response, state of New York Attorney General Schneiderman has stated, “President Trump’s budget cuts would cause untold – and perhaps irreparable – damage to New York’s […]
The New York State Department of Environmental Conservation (“NYSDEC”) issues Notices of Violation (“NOV”) to people and companies who it believes have violated New York’s Environmental Conservation Law (“ECL”) or its associated environmental regulations. Typically, the NOV follows a citizen complaint and investigation into the complaint, so often times the NOV’s recipient is aware of […]
What are Natural Resource Damages? When a spill or release of contaminants into the environment results in injuries to natural resources, designated federal, state or tribal natural resources trustees may seek to a recover natural resource damages (NRDs) from the party or parties legally responsible for the spill or release. The goal of the […]