New York’s new renewable energy siting process requires renewable energy project developers provide a “host community benefit” to a municipality where a project is proposed to be sited. That benefit may be: (1) “a discount or credit on the utility bills of the utility’s customers in a renewable host community, or a compensatory or environmental…
In County of Maui v. Hawaii Wildlife Fund (“Maui”), the U.S. Supreme Court held that the Clean Water Act (“CWA”) requires a permit “when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.” Put differently, a permit is required “when a…
On April 2nd, 2020, the Restore Mother Nature Bond Act was passed as part of the NYS 2020-2021 Budget. The $3 billion legislation is the largest environmental bond act in state history and is part of a broader 5-year plan to invest $33 billion to fight climate change. The goal of the Act is to…
New York legalized the use of “e-bikes” and “e-scooters” as part of the newly passed state budget. The vehicles, termed “bicycles with electric assist” and “electric scooters” under the amendments to the Vehicle and Traffic Law, may now be “be operated on public highways with a posted speed limit of thirty miles per hour or…
On April 3, 2020, New York Governor Andrew Cuomo signed into law a budget bill that codifies the State of New York’s ban on high-volume hydraulic fracturing, also known as “hydrofracking.” Part WW of Chapter 58 of the Laws of 2020 (S7508-B/A9508-B), creates a new subdivision 3 of Environmental Conservation Law (ECL) §23-0501. The new…
