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U.S. Environmental Protection Agency Ends ‘Sue and Settle’ Practice in Environmental Litigation
Over the years the U.S. Environmental Protection Agency (EPA) has regularly settled litigation brought by environmental interest groups a...

Underberg & Kessler
Dec 18, 20174 min read


D.C. Circuit Court of Appeals Nullifies Part of the Obama Administration’s 2013 Climate Action Plan
The Obama Administration adopted a Climate Action Plan in 2013, which addressed climate change issues. Pursuant to the Climate Action Pla...

Underberg & Kessler
Aug 21, 20174 min read


President Trump Reverses Past Climate Change Policies by Signing the Energy Independence Order
On March 28, 2017, President Trump signed an Executive Order to dramatically shift course from the climate change focus of the Obama Admi...

Underberg & Kessler
Apr 18, 20174 min read


President-Elect Trump and the 2017 Environmental Agenda
Writing this column in December 2016, now a month past the surprising presidential election result, brings with it many uncertainties. Pr...

Underberg & Kessler
Dec 19, 20164 min read


New York’s Clean Energy Standard
On August 1, the Governor’s Office announced that the New York State Public Service Commission (PSC) approved New York’s most far reaching..

Underberg & Kessler
Aug 15, 20163 min read


OSHA’s New Silica Dust Rule
Crystalline silica is a mineral found in many building materials such as sand, stone, concrete, brick and mortar. Tiny particles of silica..

Underberg & Kessler
Apr 18, 20163 min read


EPA’s Clean Power Plan Subject to Litigation, Congressional Challenges
As we reported in the August column (The Daily Record, Aug. 3, 2015), the U.S. Environmental Protection Agency issued a rule that sets the..

Underberg & Kessler
Dec 23, 20154 min read


State Agrees to Brownfield Cleanup Program Amendments
The Brownfield Cleanup Program was enacted in 2003 to encourage private development of former brownfield parcels. The program was amended...

Underberg & Kessler
Apr 20, 20154 min read


Federal Environmental Regulations: Substantial Battles Ahead
Following Election Day and the shift in Senate control, it may be worth a look ahead at environmental issues that are likely to be conf...

Underberg & Kessler
Dec 15, 20145 min read


Marcellus Shale Development For Thee, but Not for Me in New York
It has been almost two years since we reported on Marcellus Shale development in New York state. A once projected economic boom from natu...

Underberg & Kessler
Oct 20, 20144 min read


Proposed Brownfield Cleanup Program Amendments
The Brownfield Cleanup Program was enacted in 2003 to foster private development of former brownfield parcels. The program was amended in...

Underberg & Kessler
Apr 21, 20144 min read


Legal Alert: Proposed Amendments to the Brownfield Cleanup Program
The New York Brownfield Cleanup Program (BCP) was enacted in 2003 and has provided significant legal and financial incentives for private...

Underberg & Kessler
Mar 3, 20143 min read


New York State DEC Revises SEQR EAF Forms
The New York State Environmental Quality Review Act (SEQR) was adopted in 1976 and requires that state and local agencies evaluate potent...

Underberg & Kessler
Jun 17, 20135 min read


ASTM Revises Environmental Site Assessment Standard
The American Society for Testing and Materials (ASTM) developed the initial Phase I Environmental Site Assessment (ESA) standard in 1993...

Underberg & Kessler
Apr 15, 20134 min read


DEC’s Proposed Environmental Self-Audit Policy
The New York State Department of Environmental Conservation is working on a new Self-Audit Policy to encourage environmental compliance....

Underberg & Kessler
Oct 15, 20124 min read


Local Regulation of Marcellus Shale Development
As the New York State Department of Environmental Conservation accepts public comments on proposed regulations to address Marcellus shale...

Underberg & Kessler
Dec 19, 20115 min read


Revised Recommendations on Marcellus Shale Development
The development of the natural gas resources in the Marcellus Shale formation across the southern tier of New York and Pennsylvania has t...

Underberg & Kessler
Aug 15, 20115 min read


A look at New York DEC’s Proposed SEQR Form Revisions
The New York State Environmental Quality Review Act was adopted in 1976 and requires that state and local agencies evaluate potential env...

Underberg & Kessler
Apr 18, 20115 min read


Marcellus Shale: What NY Stands to Lose
In recent months, development of the natural gas resources in the Marcellus Shale formation across New York’s Southern Tier and Pennsylva...

Underberg & Kessler
Oct 18, 20104 min read
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