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George S. Van Nest
Oct 20, 20205 min read
Energy Policy and the Fracking Battle in the November Election
With the Presidential election less than three weeks out and the pandemic hitting the State, questions about energy policy and fracking a...


George S. Van Nest
Aug 25, 20203 min read
NYS DEC Issues Proposed Regulations to Implement Climate Leadership and Community Protection Act
On July 18, 2019, Governor Cuomo, signed the Climate Leadership and Community Protection Act (CLCPA). The legislation was described in th...


George S. Van Nest
Jun 26, 20204 min read
NYS Outdoor Recreation Booms Under the Coronavirus Shutdown
Although we regularly report on legal and regulatory developments in this column, the COVID-19 pandemic and NYS On PAUSE lead to some int...


George S. Van Nest
Apr 24, 20204 min read
NYS Adopts Accelerated Renewable Energy Growth and Community Benefit Act
The COVID-19 pandemic has disrupted most business and governmental matters in New York since early March, but in the midst of it, Governo...


George S. Van Nest
Aug 30, 20194 min read
NYS Legislature and Governor Adopt Sweeping Legislation in Climate Leadership and Community Protect
On July 18, 2019, Governor Cuomo, along with former Vice President Al Gore in attendance, signed the Climate Leadership and Community Pro...


George S. Van Nest
Jun 21, 20194 min read
NYS Department of Environmental Conservation Continues Fight Against National Fuel Pipeline Project
Over the last decade, development of shale gas through hydraulic fracturing has blossomed in Pennsylvania. The shale gas boom has led gas...


George S. Van Nest
Apr 16, 20194 min read
U.S. EPA & Corps of Engineers Propose New Waters of the U.S. Rule
As we have reported on previously in this column, on February 28, 2017 President Trump issued an Executive Order directing US Environment...


George S. Van Nest
Dec 17, 20183 min read
Northeast States Working on Cap-and-Trade System for Transportation Sources
The Regional Greenhouse Gas Initiative (RGGI) has been in place for many years under the federal Clean Air Act regulating stationary air ...


George S. Van Nest
Aug 20, 20183 min read
U.S. EPA & Corps of Engineers Work to Repeal 2015 Waters of the U.S. Rule
On February 28, 2017 President Trump issued an Executive Order directing US Environmental Protection Agency (EPA) and the Corps of Engine...


George S. Van Nest
Apr 16, 20184 min read
New York State Significantly Revises Part 360 Solid Waste Management Regulations
On September 5, 2017, the New York State Department of Environmental Conservation (DEC) concluded an extensive regulatory revision proces...


George S. Van Nest
Dec 18, 20174 min read
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...


George S. Van Nest
Aug 21, 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...


George S. Van Nest
Apr 18, 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...


George S. Van Nest
Dec 19, 20164 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...


George S. Van Nest
Aug 15, 20163 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..


George S. Van Nest
Apr 18, 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..


George S. Van Nest
Dec 23, 20154 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..


George S. Van Nest
Apr 20, 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...


George S. Van Nest
Dec 15, 20145 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...


George S. Van Nest
Oct 20, 20144 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...
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