New York Takes Next Step in Nation-Leading Offshore Wind Efforts

The deadline for submitting proposals in response to New York’s second solicitation for offshore wind procurement recently expired, with three companies in the running to land contracts, including Vineyard Wind, Equinor Wind, and Bay State Wind (a joint venture of Ørsted A/S and Eversource Energy). Each submitted proposals in response to New York Gov. Andrew Cuomo’s July 21, 2020, solicitation for 2,500 megawatts of offshore wind energy. These proposals followed along the heels of the state’s 2018 solicitation for 1,700 megawatts of offshore wind, which …

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Empire State Adopts MCL for 1, 4-Dioxane, PFOA, and PFOS

On July 30, 2020, New York’s Public Health and Health Planning Council voted in support of maximum contaminant levels (MCLs) for PFOA and PFOS—the two most well-known per- and polyfluoroalkyl substances (PFAS). The Council voted to set the MCLs for both chemicals at 10 parts per trillion—among the lowest levels adopted by any state, and significantly lower than the U.S. EPA’s current guidance levels of 70 ppt.

Another chemical—1, 4-Dioxane—also has an MCL of 1 part per billion now. New York announced that this regulation …

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Long Island Water Districts’ 1,4-Dioxane Lawsuits Survive Motion to Dismiss

In March 2019, we posted about the strategy behind the Long Island water districts’ 1,4-dioxane litigations against major manufacturers—and then in October 2019, we followed that post with another report on the increasing number of those suits , which became the subject of a 12(b)(6) motion to dismiss. These suits filed by public water suppliers seek to recover costs against major manufacturers and promoters of the chemical for the design, construction, installation, operation, and maintenance of water treatment facilities and equipment required to remove …

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Paper or Plastic: Why This Should No Longer be an Option

Across the United States, local governments and state legislatures have focused their efforts on reducing and/or eliminating the use of plastic bags at grocery stores and other businesses. Such a reduction is significant to reducing harmful impacts suffered in oceans, lakes, rivers, forests, and other natural habitats for creatures. Furthermore, the implementation of regulations and bans prohibiting the use and sale of plastic bags focuses on improvements in recycling efforts, which is aimed to increase awareness of the negative side effects of the prevalent use …

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Empire State’s Renewable Energy Project Siting Bill: A Different Kind of Regulatory Cleanup

Many efforts in environmental law aim at enacting regulations to help clean up the environment. New York Gov. Andrew Cuomo submitted a bill that flips the script last week. The proposed law aims to clean up New York’s regulations about siting for and permitting  renewable energy projects.

Under the proposed law, a new office would be created within the state’s Department of Economic Development tasked with overseeing siting and permitting for renewable energy projects. Environmental reviews for such projects would also be the new office’s …

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New York Bans Products Containing 1,4-Dioxane Effective January 1, 2022

On December 9, 2019, New York Gov. Andrew M. Cuomo approved legislation that will eliminate the sale of products containing the chemical 1,4-dioxane in New York state. The ban, which is scheduled to take effect on January 1, 2022, has a broad reach and includes many household cleaning products, some cosmetics, and personal care products containing the soon to be banned chemical.

The U.S. Environmental Protection Agency has classified 1,4-dioxane as a likely carcinogen. It is a man-made chemical that is commonly found in shampoos, …

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Blowin’ in the Wind: New Jersey and New York see a Gust of Activity in Clean Energy Efforts

New Jersey and New York are leading the way with respect to the ongoing development of renewable energy sources,  in particular, as it relates to the procurement of offshore wind projects expected to produce renewable power for hundreds of thousands of homes in each state. There has been recent activity in both states’ efforts to make these projects a reality with New Jersey Gov. Phil Murphy issuing Executive Order No. 92 on November 19, 2019, which more than doubles the New Jersey’s offshore wind goal to 7,500 megawatts by 2035, and, with the October 23, 2019 announcement that the New York …

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An Exercise in Separation of Powers: Second Circuit Signals Affirmance of Dismissal of NYC Climate Change Lawsuit

“Global warming and solutions thereto must be addressed by the two other branches of government,” said district court judge John Keenan last July in nixing New York City’s climate change nuisance suit that seeks to hold major oil companies liable for global-warming related injuries resulting from greenhouse gas emissions. New York City appealed Judge Keenan’s dismissal to the second circuit, arguing that its action is not an attempt to regulate emissions.

Late last week, hearing New York City’s appeal of Judge Keenan’s dismissal, the second …

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Early Halloween Scares: Defendants File Motion To Dismiss In 20 Long Island 1,4-Dioxane Litigations

Earlier this year, Environmental Law Monitor  posted about 1,4-dioxane litigations filed in the U.S. District Court for the Eastern District of New York. These litigations followed on the heels of the Suffolk County Water Authority’s (SCWA) 2017 watershed action concerning drinking water contamination. Almost two years removed from the SCWA action, it appears that at least 27 Long Island water districts have filed actions (with three new filings this month), mostly following in line with the litigation strategy developed by SCWA. If you recall, …

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EPA Denies New York’s Good Neighbor Request

Last week, the EPA issued a final rule denying New York state’s bid to have the EPA issue enforceable daily emissions standards for hundreds of emission sources in upwind states in order to allow the New York Metro Area and Chataqua County to comply with 2008 and 2015 national ambient air quality standards for ground-level ozone under the Clean Air Act. The EPA ruled that the state failed to prove that the upwind pollution sources are interfering with its efforts to comply with the NAAQS.…

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