2024 has already been a banner year for the regulation of per- and polyfluoroalkyl substances (PFAS) at the federal level; unsurprisingly, these efforts are eliciting legal challenges from regulated entities. CERCLA On April 19, 2024, the EPA issued a final rule under Section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The… The post PFAS Environmental Regulatory Developments (So Far) in 2024 appeared first on Sive Paget Riesel ..read more

Within a three-day period at the tail end of its term, the Supreme Court issued two decisions that significantly affect the federal administrative law landscape, and will necessarily influence environmental regulations and enforcement in years to come. Loper Bright Enterprises, et al. v. Raimondo, et al. On June 28, 2024, in a decision authored by… The post The Supreme Court Significantly Alters the Landscape for Reviewing and Challenging Federal Agency Action appeared first on Sive Paget Riesel ..read more

The Internal Revenue Service (IRS) and the Treasury Department have recently released updated guidance under the Inflation Reduction Act of 2022 (IRA). As covered in a prior SPR Blog Post, the IRA allows taxpayers to deduct a percentage of the cost of eligible renewable energy systems from their federal taxes through an Investment Tax Credit… The post Inflation Reduction Act Guidance: Recent Updates to the Domestic Content and Energy Community Bonus Credits appeared first on Sive Paget Riesel ..read more

Numerous changes and clarifications to New York City (NYC) and New York State lead-based paint (LBP) laws for residential properties are coming into effect in 2024 and 2025. These provisions relate to a statewide rental registry for residences constructed before 1980, testing common areas in NYC buildings, and enhanced turnover remediation requirements in NYC. As… The post Update on New York City and New York State Lead-Based Paint Laws appeared first on Sive Paget Riesel ..read more

On May 16, 2024, the New York Appellate Division, First Department, reversed in part the trial court decision that dismissed the challenge to New York City’s building emissions law, Local Law 97. The case is Glen Oaks Village Owner, Inc., et al. v. City of New York, et al. (App. Div. No. 2024-00134, Sup. Ct.… The post NYC Local Law 97 Remains In Effect After Appellate Decision In Glen Oaks Case appeared first on Sive Paget Riesel ..read more

On February 14, 2024, NYSDEC (the Department) issued a Notice of Proposed Rulemaking for amendments to its regulations at 6 NYCRR Part 375 (Part 375), which govern New York State remedial programs, including the Inactive Hazardous Waste Disposal Site Program (State Superfund), the Brownfield Cleanup Program (BCP), and the Environmental Restoration Program. The public can… The post Proposed Changes to Part 375 Remedial Program Regulations: Implications for Real Estate Developers and their Financing Institutions appeared first on Sive Paget Riesel ..read more

On March 28, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule requiring  certain onshore facilities to prepare Facility Response Plans (FRPs) for the worst-case discharges of Clean Water Act (CWA) hazardous substances. FRPs are due to EPA by June 1, 2027, or prior to the start of operations for facilities constructed after… The post U.S. EPA Finalizes Rule Requiring Facility Response Plans for Hazardous Substance Discharges appeared first on Sive Paget Riesel ..read more

On February 20 and February 21, 2024, the Internal Revenue Service (IRS) and the Department of the Treasury (Treasury) held a public hearing on proposed regulations concerning the definition of energy property and rules applicable to obtaining tax credits pursuant to the Inflation Reduction Act of 2022 (IRA). The IRA allows taxpayers to deduct a… The post Inflation Reduction Act: Recent Guidance and the Path Forward in 2024 appeared first on Sive Paget Riesel ..read more

On January 3, 2024, NYSDEC announced an Advanced Notice of Proposed Rule Making  for potential revisions to its freshwater wetlands regulations, accompanied by a complete pre-proposal draft of revised 6 NYCRR Part 664 regulations. NYSDEC is accepting public comments on its draft regulations through February 20, 2024. Background: 2022 Statutory Changes to the Freshwater Wetlands… The post NYSDEC Seeks Input on Regulations Implementing Major Expansion of State’s Freshwater Wetlands Jurisdiction appeared first on Sive Paget Riesel ..read more

On January 2, 2024, the Vineyard Wind 1 project started producing power for the United States grid, becoming the second commercial-scale offshore wind project to do so after South Fork Wind came online in December 2023. This significant milestone comes as the U.S. Court of Appeals for the First Circuit considers appeals in several lawsuits… The post Vineyard Wind 1 Comes Online; Still Faces Lawsuits appeared first on Sive Paget Riesel ..read more