The weather is getting cooler, which means that for the nearly two million homes in New York heated by fuel oil, the first delivery of the season may be on the way soon. My colleague and I represent some home fuel delivery companies and I can tell you that if you live in one of […]
A comprehensive revision to New York State’s solid waste regulations took effect on November 4, 2017. On March 1, 2018, the NYSDEC formally issued an enforcement discretion letter that effectively rolls back the implementation of the new rules in four (4) specifically designated areas. The delay in enforcement will expire on May 3, 2019 or […]
I’ve discussed the regulation of wetlands in my past blog entries. With this one, let’s talk about the application process for a permit under Section 404 of the Clean Water Act (“CWA”). As discussed before, the CWA authorizes the U.S. Army Corps of Engineers (“ACOE”) to regulate the discharge of dredged or fill material into […]
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 […]
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 […]
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 […]
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 […]
Every now and then we’re visited by a new client who discovers he bought contaminated property and needs legal help. In almost all of these cases, our client bought the property without first getting advice from an environmental lawyer or conducting adequate environmental due diligence on the property. We’re always glad to help, but the […]