In June 2023, the New York State Department of Environmental Conservation (NYSDEC) adopted revisions to its petroleum bulk storage regulations 6 NYCRR Part 613. The amended regulations become effective on October 17.
Environmental Law & Policy Monitor
Analysis and commentary on developments in environmental and natural resources law
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Plaintiffs and 3M Given August 28 Deadline to Respond to State AGs’ Opposition to $12.5B Settlement in the PFAS Multidistrict Litigation
Public water utilities and 3M have until August 28 to respond to the bipartisan coalition of 22 state attorneys general (AGs) that opposes their proposed $12.5 billion class action settlement over alleged per- and polyfluoroalkyl substance (PFAS) contamination and is seeking to intervene in their litigation.…
Nebraska and Iowa AGs Sue Biden Administration’s EPA for Failing to Fulfill Sale of Year-Round E15 Gasoline
On August 7, Nebraska Attorney General (AG) Mike Hilgers and Iowa AG Brenna Bird joined forces to sue the Biden administration’s Environmental Protection Agency (EPA) for failing to fulfill the request by Iowa and Nebraska governors to allow the sale of year-round E15 gasoline.…
Coalition of 22 State AGs Oppose 3M’s $12.5 Billion PFAS Settlement
A bipartisan coalition of attorneys general (AGs) from 22 states is urging the federal district court in South Carolina to reject a proposed $12.5 billion settlement between 3M and a group of public water utilities, who are suing the company over alleged per- and polyfluoroalkyl substance (PFAS) contamination.…
NYSDEC Sends Letter Outlining Upcoming BCP Submittal Milestones
By Andrew Perel & Buck Dixon
On July 20, the New York State Department of Environmental Conservation (NYSDEC) sent a letter to Brownfield Cleanup Program (BCP) applicants, consultants, and attorneys that provides an update regarding 2023 Certificate of Completion (COC) milestones and affordable housing deadlines. With respect to BCP submittals, the letter emphasizes the importance of applicants making the submittals necessary…
Thirteen Democratic AGs Encourage EPA to Adopt Stricter Standards for Ethylene Oxide
On June 27, Illinois AG Kwame Raoul led a coalition of 13 Democratic attorneys general nationwide in submitting a letter to the Environmental Protection Agency (EPA), supporting more stringent regulation of ethylene oxide (EtO) emissions. In their letter, the coalition urged the EPA to adopt proposed amendments to EtO standards under the National Emission Standards…
U.S. EPA Issues FAQ Memo on Lithium-Ion Battery Management Under RCRA
As lithium-based batteries become more prevalent in everything from electric vehicles (EVs) to industrial-scale batteries, as well as e-scooters and personal electronics, more questions arise regarding how to properly manage and dispose or recycle them at the end of their lives. On May 24, the U.S. Environmental Protection Agency (EPA) issued a memorandum titled “…
Fish and Wildlife Service Revises Its Mitigation Policies
Last week, the U.S. Fish and Wildlife Service (FWS) released two revised compensatory policies. The Mitigation Policy and the ESA Compensatory Mitigation Policy reject the stringent goal of net conservation gain used by the FWS during the Obama administration. Instead, both policies include the goal of no net loss, which means maintaining the current status…
EPA’s New Carbon Standards for Power Plants Require Quick Decisions
EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission guidelines” for states to use in developing standards for existing gas- and coal-fired power plants.…
Taking Charge: Inside the U.S. Battery Boom
In response to the transformational Inflation Reduction Act, Troutman Pepper has launched Taking Charge: Inside the U.S. Battery Boom, an in-depth report examining the accelerated growth in the U.S. battery storage sector.
We look at how the legislation is creating both opportunity and complexity, as businesses develop and adapt their strategies to navigate the industry’s…