Emerging Issues
DEC Challenges FERC’s Decision to Undercut Its Water Quality Certification Denial for Millennium Pipeline Project
In an October 13, 2017 letter, the New York State Department of Environmental Conservation (“DEC”) challenged the Federal Energy Regulatory Commission’s (“FERC”) decision that, by failing to act, DEC had waived its authority to issue a Clean Water Act water quality certification for Millennium Pipeline Company LLC’s (“Millennium”) proposed Valley Lateral Project, a 7.8-mile natural…
New York State Submits Area Off Long Island to Federal Government for Potential Wind Leasing
This week, the New York State Energy Research and Development Agency (“NYSERDA”) officially submitted an area off the coast of Long Island, referred to as an Area for Consideration for the Potential Locating of Offshore Wind Energy Areas, to the federal government’s Bureau of Ocean Energy Management (“BOEM”). NYSERDA is proposing that BOEM consider identifying…
New York Court of Appeals Denies Exxon Mobil’s Motion to Appeal in Ongoing Climate Change Investigation by New York Attorney General
On September 12, 2017, the New York Court of Appeals denied Exxon Mobil’s motion for leave to appeal a decision of the Appellate Division, First Department, which had held that the accountant-client privilege is not recognized in New York and therefore does not protect documents held by PricewaterhouseCoopers (“PwC”), Exxon’s auditor, from subpoena by New…
DEC Publishes Final Revised Solid Waste Management Regulations
After 18 months of public comment and revisions to its solid waste regulations, the New York State Department of Environmental Conservation (“DEC”) has published the finalized version of the regulations, which will take effect on November 4, 2017. DEC’s solid waste management regulations – codified in 6 NYCRR Part 360 – govern the reuse, recycling, transportation, and…
Suniva Petition for Tariff on Solar Cell and Panel Imports Threatens Progress of U.S. Solar Development
Although much attention has been focused on the U.S. withdrawal from the Paris Accord, the greatest current threat to solar development in the U.S. is a petition for an import tariff filed earlier this year by Suniva, a solar cell and panel manufacturer in the state of Georgia. Suniva’s petition was filed with the U.S….
Maggie Macdonald Speaking at Perrin Environmental Risk & Litigation Conference
SPR associate Maggie Macdonald will be speaking at the Perrin Environmental Risk & Litigation Conference on Tuesday, June 20,2017, on a panel concerning recent insurance coverage litigation. The conference will be held at the Westin New York at Times Square. More information on the conference topics and registration is available here. Registration for in-house counsel…