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
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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
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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
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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
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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
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New York Continues to Lead Nation in Regulation and Removal of 1,4-Dioxane

New York continues to strengthen its regulatory approach to 1,4-dioxane. Last month, the state Department of Health adopted the nation’s first maximum contaminant level (MCL) for 1,4-dioxane in drinking water, The regulation is working its way toward implementation and is now in the public comment period. Following assessment of public comments, the proposed regulation will either be revised or submitted for adoption by the Public Health and Health Planning Council. The regulation will then go into effect upon publication of a Notice
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New Analysis of Public Data Highlights Emerging Contaminant Prevalence in New York

Just this week, the New York Public Interest Research Group released a report that analyzes an array of public federal data pertaining to unregulated emerging contaminants and their prevalence in New York State. The report is noteworthy for its study of more than 20 different emerging contaminants impacting the state. The report, titled “What’s in My Water?”, clearly notes that the mere existence of emerging contaminants does not necessarily mean that the public’s health is at risk. However, the report
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FERC Ambivalence Leads to Pipeline Approval

In a split decision, a bipartisan four-commissioner panel of the Federal Energy Regulatory Commission (FERC) approved an application by Transcontinental Gas Pipe Line Co. LLC for a construction certificate. Transco plans to upgrade several portions of a pipeline that serves the northeast region of the country, including parts of New York City and New Jersey. Specifically, the project involves construction of approximately 14 miles of pipeline in Pennsylvania, New Jersey, and Queens County, New York, 23 miles of offshore pipeline
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Third Circuit Court of Appeals Halts Construction of PennEast Natural Gas Pipeline, Must Decide Issue of Eminent Domain

Recently, we reported that the United States District Courts for the Middle District of Pennsylvania and the District of New Jersey granted a consortium of natural gas companies the right of eminent domain to take steps towards building the PennEast pipeline to connect natural gas sources in Pennsylvania to parts of New Jersey. As the next development in this project’s complicated legal track, the Third Circuit Court of Appeals issued a stay to temporarily stop any physical construction from beginning
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Emerging Contaminants: Testing Finds 1,4-Dioxane Present in Dozens of Household Products

Testing conducted by the group Citizens Campaign for the Environment, which is purportedly pushing for a New York state ban on 1,4-Dioxane in household products, has found the chemical at various levels in “65 of 80” commonly used (and commonly disposed of) high-end and less expensive personal care and detergent products. In conjunction with an uptick in 1,4-Dioxane litigation, these new studies likely provide lawyers, litigants, and other concerned parties a hint at what’s to come. As a refresher, 1,4-Dioxane
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