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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


Ashley S. Miller
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RGGI Update: Regional Cap-and-Trade Program Survives New York Challenge But Faces Others
July 13, 2012 01:57 PM - Maggie Macdonald , Sive Paget & Riesel, P.C.

The Regional Greenhouse Gas Initiative (RGGI) – a cap-and-trade program designed to limit power plant emissions in 10 Northeastern states – has been under close scrutiny in recent months as a result of lawsuits in New Jersey and New York, and legislation in New Hampshire. Each of these developments demonstrates the polarization and controversy that continue to surround greenhouse gas regulation, and RGGI in particular, years after the regional trading program first took effect.

D.C. Circuit Upholds EPA's Climate Change Regulations
June 28, 2012 08:23 AM - Jonathan Kalmuss-Katz, Sive Paget & Riesel, P.C.

The nation's first limits on greenhouse gas ("GHG") emissions survived a major legal challenge yesterday, as the District of Columbia Circuit Court of Appeals upheld two Environmental Protection Agency ("EPA") climate change regulations on the merits and dismissed challenges to two others for lack of standing. The unanimous ruling from a three-judge panel (which included one of the Court's most conservative members) resolved consolidated lawsuits filed by states, industry trade associations, and other opponents of the embattled climate regulations.

EPA Proposes Carbon Dioxide Emissions Standards for New Fossil Fuel Power Plants
April 9, 2012 07:47 AM - Vicki Shiah, Sive Paget & Riesel, P.C.

On March 27, the U.S. Environmental Protection Agency (EPA) proposed a rule limiting carbon dioxide (CO2) emissions from new power plants fired by fossil fuels such as coal or natural gas. The rule applies to new fossil fuel-fired electric utility generating units in the continental United States; it does not apply to existing units or new transitional units that already have received preconstruction air emission permits and that start construction within 12 months of the proposed rule’s publication in the Federal Register.

D.C. Circuit Hears Challenges to EPA Climate Regulations
March 5, 2012 10:45 AM - Jonathan Kalmuss-Katz, Sive Paget & Riesel, P.C.

On February 28 and 29, the D.C. Circuit Court of Appeals heard oral arguments in a series of challenges to the [EPA's] regulation of [GHGs] under the Clean Air Act, far-reaching litigation spanning dozens of parties and at least four separate rules. Decisions from the panel of Judges David Sentelle, David Tatel and Janice Rogers Brown are expected later this year. The rare, two-day argument began with a challenge to EPA's December 7, 2009 finding that emissions of six GHGs, including carbon dioxide, "may reasonably be anticipated both to endanger public health and to endanger public welfare." This "endangerment finding" is the cornerstone of all subsequent action by EPA.

New Standards Provide Guidance for Environmental Diligence, Superfund Liability Protections
October 27, 2011 11:53 AM - Jonathan Kalmuss-Katz, Sive Paget & Riesel, P.C.

In recent months, ASTM International ("ASTM") has issued or revised key environmental standards governing the performance of and response to environmental site assessments, with potentially significant impacts for lenders, developers and owners of contaminated property.

White House Rejects EPA Proposal to Strengthen Smog Standards
September 7, 2011 12:49 PM - Jonathan Kalmuss-Katz, Sive Paget & Riesel, P.C.

On Friday, September 2, 2011, the White House directed the Environmental Protection Agency (EPA) to withdraw and reconsider a proposal to strengthen National Ambient Air Quality Standards (NAAQS) for ground-level ozone, the primary ingredient in smog. The announcement marked the first time that the Obama Administration formally returned one of its own agencies proposals, and it could indicate heightened executive scrutiny of forthcoming rules economic impacts. The heart of the Clean Air Act, NAAQS set maximum levels for six “criteria” pollutants at levels necessary to protect public health and welfare, implemented through State Implementation Plans covering a broad range of sources. The ozone NAAQS were last revised in 2008, when the Bush Administration set a primary standard of .075 parts-per-million (“ppm”) – more lenient than the .06-.07 ppm range recommended by EPA’s Clean Air Scientific Advisory Committee.

New York Proposes Hydraulic Fracturing In Certain Areas Under Strict Controls
July 26, 2011 07:28 AM - Vicki Shiah, Sive Paget & Riesel, P.C.

The New York State Department of Environmental Conservation has issued a revised Draft Supplemental Generic Environmental Impact Statement recommending that high-volume hydraulic fracturing ("fracking") be banned in the New York City and Syracuse drinking water watersheds but that fracking be allowed to proceed, subject to strict regulation, on private property. Fracking uses high-pressured water, combined with chemicals, to release natural gas present underground in shale formations. The revised Draft SGEIS contains recommendations to mitigate the environmental effects of fracking. These recommendations, which would make approximately 85 percent of the Marcellus Shale accessible to natural gas production

Tidal Power Plant in East River Nears Federal Approval
June 9, 2011 08:44 AM - Jonathan Kalmuss-Katz, Sive Paget & Riesel, P.C.

The nation's first tidal energy power plant may take shape in New York’s East River, under a pilot project recommended for approval last month by the Federal Energy Regulatory Commission ("FERC"). In December 2010, Verdant Power applied for a license to install 30 underwater turbines between Roosevelt Island and Queens, which would enable tidal power to be sold over the national electric grid for the first time ever.

New Jersey to Withdraw from Climate Change Initiative
June 3, 2011 09:04 AM - Jessica Albin, Sive Paget & Riesel, P.C.

New Jersey Governor Chris Christie announced Thursday, May 26 that New Jersey would withdraw from the Regional Greenhouse Gas Initiative ("RGG"), a cap-and-trade initiative of 10 northeastern and Mid-Atlantic states to reduce greenhouse gas emissions from the power sector. New Jersey is the first state to withdraw from RGGI.

EPA's Latest Superfund Nominees Reflect Trend Toward More Complex Cleanups
March 16, 2011 08:51 AM - Ashley S. Miller, Sive Paget & Riesel, P.C.

On March 8, 2011 the EPA announced its latest round of potential Superfund sites – nominees to be listed on the National Priorities List (NPL) under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), commonly known as the Superfund statute. The proposed sites included the New Cassel/Hicksville groundwater contamination site (NCH Site), located in Nassau County, New York. According to EPA records the NCH Site includes approximately 10 million square feet of aquifer contaminated by chlorinated compounds, including perchloroethylene (PCE) and trichloroethelyne (TCE).

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