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Category Archives: Policy

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One Step Forward, One Step Back – NY Moves Forward on Its Environmental Self-Audit Policy as EPA Looks to Retreat

Posted in Energy, Environment, Federal Regulation, Policy, State Regulation

New York’s Department of Environmental Conservation (DEC) recently proposed an environmental “audit incentive” policy, which is similar to the United States’ Environmental Protection Agency’s (EPA) long standing self-audit policy. In its draft policy, DEC encourages participation by waiving or reducing penalties for environmental violations that regulated entities discover through an environmental audit, and expeditiously report… Continue Reading

Carbon Claustrophobia — Significant Changes Coming to the Regional Greenhouse Gas Initiatives Cap and Trade Program

Posted in Carbon Credits, Climate Change, Energy, Environment, Policy, State Regulation

The New York State Department of Environmental Conservation (DEC), in conjunction with the New York State Energy Research and Development Authority (NYSERDA), is currently accepting public comments on several proposed changes to the DEC’s regulations governing New York’s participation in the Regional Greenhouse Gas Initiative (RGGI). DEC’s proposed changes, which are based on updates to… Continue Reading

EPA & Florida Reach Agreement on Disputed Nutrient Standards for Florida’s Waterways

Posted in Environment, Florida, Policy, State Regulation

On Friday, March 15, 2013, the Florida Department of Environmental Protection (DEP) announced an Agreement in Principle with the U.S.  Environmental Protection Agency on the new criteria for Florida’s waters that would limit nitrogen and phosphorus, two nutrients commonly blamed for algae blooms and other water quality problems.  The EPA Agreement in Principle is intended to resolve a lengthy and contentious dispute between EPA and environmental advocacy groups… Continue Reading

US Supreme Court Accepts Certiorari in Koontz v. St. Johns River Water Management District — Confiscatory Takings Case

Posted in Court Cases, Environment, Policy

On Friday, October 5, 2012, the U.S. Supreme Court granted certiorari in Koontz v. St. Johns River Water Management District, an appeal from the Florida Supreme Court.  The questions presented in Koontz are twofold : (1) whether the government can be held liable for a taking when it refuses to issue a land-use permit on… Continue Reading