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On July 25, 2023, EPA announced proposed amendments to the Air Emissions Reporting Requirements (AERR) rule.  In a change, the proposal includes mandatory reporting of hazardous air pollutants (HAPs). Currently, New York requires some HAP reporting, but the proposal would expand this. See 6 NYCRR 202-2.3 (c)(9). The proposed rule was published in the Federal Register on August 9, 2023.[i]  The public comment period has been extended twice, and now until November 17, 2023.The AERR rule [...]

Posted By: Terresa Bakner, Charles Gottlieb and Jordyn ConwayIntroduction:On May 25, 2023, the Supreme Court of the United States (SCOTUS) released an opinion, in Sackett v. EPA, seeking to clarify the definition of “Water of the United States” (WOTUS) for the purposes of federal regulation. [1] The decision, written by Justice Alito, confronts years of uncertainty and confusion regarding the “significant nexus” test that has been relied on by the Biden, Trump, and [...]

STATE ISSUESThe Governor of the State of NY has addressed State regulated wetlands in his budget bill proposing to do away with the regulatory freshwater wetlands maps and merely have them in place for educational purposes. This means that like the Army Corps, the State DEC staff will be able to go out in the field and identify areas as wetlands even if they do not show up on a map. Moreover, although to a degree the DEC staff have already begun doing this when reviewing how State mapped [...]