editorial_affiliates

Our Editorial and News Affiliates

Sive Paget & Riesel, P.C.

Sive Paget & Riesel is a law firm located in New York that is a leader in the field of environmental law and litigation. The firm has been a pioneer in environmental law for over forty years and continues to be an industry leader in Environmental Law, Commercial and Employment Litigation, Development & Land Use, and Municipal Law. For the past six years, SPR has been ranked the #1 Environmental Law Firm in New York by an independent ratings organization.

The SPR Environmental Law Blog contains news & updates concerning significant legal developments in the field of environmental law.
Please visit the blog here: http://blog.sprlaw.com


Website: http://www.sprlaw.com


Contact:

Ashley S. Miller
SIVE PAGET & RIESEL, P.C.
460 Park Avenue, 10th Floor
New York, NY 10022
P: 212 421-2150
F: 212 421-1891
amiller(at)sprlaw.com

RSS: http://feeds.feedburner.com/sprlaw


U.S. Supreme Court To Hear Argument Over EPA’s Greenhouse Gas Regulations for Stationary Sources
February 23, 2014 11:25 AM - Dan Mach, Sive Paget & Riesel, P.C.

On Monday, the U.S. Supreme Court will hear argument in six consolidated challenges to the Environmental Protection Agency's ("EPA’s") decision to regulate emissions of greenhouse gases ("GHGs") from stationary sources under certain provisions of the Clean Air Act (the "CAA"). The cases come from the D.C. Circuit Court of Appeals, which dismissed the challenges in 2012 on the ground that the petitioners lacked standing.

Court Upholds $104.69 Million Damage Award Against Exxon Mobil for MTBE Contamination of New York City Groundwater
August 2, 2013 01:15 PM - Willis Hon, Sive Paget & Riesel, P.C.

On July 26, 2013, the U.S. Court of Appeals for the Second Circuit upheld a 2009 lower court jury's $104.69 million damage award against Exxon Mobil Corp. for contaminating New York City's groundwater with the gasoline additive methyl tertiary butyl ether ("MTBE"). New York City initially sued Exxon Mobil and other petroleum companies in 2003, alleging that they knew that MTBE would pollute groundwater and ignored warnings from their own scientists and engineers not to use the additive in areas where groundwater has been proposed as a drinking water supply.

Obama Administration's Climate Change Agenda
June 29, 2013 07:35 AM - Jonathan Kalmuss-Katz, Sive Paget & Riesel, P.C.

In a speech at Georgetown University on June 25, 2013, President Barack Obama unveiled his administration's climate change agenda for its second term, featuring a series of rules and initiatives that can implemented by the United States Environmental Protection Agency ("EPA") and other federal agencies without congressional action. While the details of these proposals will be determined through subsequent rulemaking, the plans and timeframes set forth in the speech signal a major expansion of federal climate change mitigation and adaptation efforts, with potentially significant impacts upon electric utilities and other regulated entities as well as units of state and local government most affected by the impacts of global warming. The centerpiece of President Obama's speech is a new Presidential Memorandum directing EPA to finalize proposed greenhouse gas (“GHG”) emissions standards for new and significantly modified power plants by September 2013, to propose the nation’s first GHG emissions guidelines for existing power plants by June 2014, and to finalize those guidelines by June 2015. States would then have one year to submit plans implementing the guidelines for power plants within their borders, and President Obama directed EPA to work with states, industry, and other stakeholders in developing GHG controls for existing power plants. In the past, EPA has allowed emissions trading as a means of complying with existing source guidelines for non-GHG pollutants, an approach that could provide more flexibility for states and regulated sources than a conventional, technology-based emissions standard.

President Obama Announces Second Term Climate Change Agenda
June 28, 2013 04:39 PM - Jonathan Kalmuss-Katz, Sive Paget & Riesel, P.C.

In a speech at Georgetown University on June 25, 2013, President Barack Obama unveiled his administration's climate change agenda for its second term, featuring a series of rules and initiatives that can implemented by the United States Environmental Protection Agency ("EPA") and other federal agencies without congressional action. While the details of these proposals will be determined through subsequent rulemaking, the plans and timeframes set forth in the speech signal a major expansion of federal climate change mitigation and adaptation efforts, with potentially significant impacts upon electric utilities and other regulated entities as well as units of state and local government most affected by the impacts of global warming. The centerpiece of President Obama's speech is a new Presidential Memorandum directing EPA to finalize proposed greenhouse gas ("GHG") emissions standards for new and significantly modified power plants by September 2013, to propose the nation's first GHG emissions guidelines for existing power plants by June 2014, and to finalize those guidelines by June 2015.

New Federal Handbook Guides Coordination of Environmental, Historic Preservation Review
March 27, 2013 08:26 AM - Jonathan Kalmuss-Katz, Sive Paget & Riesel, P.C.

Earlier this month, the Council on Environmental Quality ("CEQ") and the Advisory Council on Historic Preservation ("ACHP") published a new handbook governing the coordination of project review under the National Environmental Policy Act ("NEPA") and Section 106 of the National Historic Preservation Act ("Section 106"). Drawing from existing rules and guidance from both agencies, the Handbook for Integrating NEPA and Section 106 Reviews (the "Handbook") summarizes regulatory requirements; provides checklists and flow-charts to assist project sponsors and reviewing agencies; and emphasizes opportunities to synchronize and streamline review under both statutes.

Recent Supreme Court Decision May Affect Environmental Standing
March 13, 2013 09:05 AM - Devin McDougall, Sive Paget & Riesel, P.C.

A recent decision by the United States Supreme Court has raised questions about the scope of plaintiffs' standing to bring suit in federal court, a critical issue for environmental litigants. Federal courts have long recognized that certain types of environmental harms can form the basis of standing under Article III of the United States Constitution, which requires plaintiffs to establish an "actual or imminent" injury that is "fairly traceable" to the challenged conduct and "likely to be redressed" by a favorable decision.

EPA Finalizes Vapor Intrusion Regulations
January 23, 2013 03:38 PM - Jonathan Kalmuss-Katz, Sive Paget & Riesel, P.C.

The United States Environmental Protection Agency ("EPA") recently finalized the first of several pending guidance documents and regulations governing the evaluation and mitigation of vapor intrusion at contaminated sites, a growing area of focus that has thus far been regulated primarily on the state level. EPA’s new guidance requires regional EPA offices to address vapor intrusion risks during the five-year reviews for most completed Superfund cleanups.

Hurricane Sandy Highlights Stormwater Management, New Industrial Discharge Permit
November 5, 2012 04:28 PM - Michael Bogin, Sive Paget & Riesel, P.C.

The aftermath of Hurricane Sandy highlights why coastal flooding and stormwater control can be expected to receive increased regulatory attention. As the New York metropolitan area struggles to regain its footing, regulators can be expected to take a closer look at plans to manage industrial stormwater runoff, which can carry chemicals, oil, and other pollutants. In fact, the New York State Department of Environmental Conservation (DEC) has already made industrial stormwater runoff a high priority.

Cross State Air Pollution Rule is Overturned by Court
August 24, 2012 07:08 AM - Jonathan Kalmuss-Katz, Sive Paget & Riesel, P.C.

Four years after overturning a major Environmental Protection Agency air pollution rule as inconsistent with the Clean Air Act, this week the D.C. Circuit Court of Appeals vacated the program that EPA had tailored to take its place, ruling that the replacement rule "exceeds the agency's statutory authority" and imposes "impossible" burdens upon covered states. As a result, hundreds of power plants in 28 states are once again subject to the very rule the same court rejected in 2008. The regulations in question implement the Clean Air Act’s "good neighbor" provisions, which prohibit states from significantly contributing to unsafe levels of air pollution, or interfering with Clean Air Act compliance, in downwind states. In 2005, EPA finalized the Clean Air Interstate Rule, establishing an emissions trading program for Eastern and Midwestern power plants aimed at reducing interstate air pollution transport.

New York Passes Sewage Pollution Right-to-Know Act
August 23, 2012 08:33 AM - Ed Roggenkamp, Sive Paget & Riesel, P.C.

On August 9th, New York State passed the "Sewage Pollution Right-to-Know Act", which requires the operators of publicly owned sewer systems or sewage treatment plants to notify regulators and the public of discharges of untreated sewage or partially treated sewage. This bill adds to existing federal and state spill reporting requirements for sewage treatment plants.

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