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<?xml version="1.0" encoding="windows-1252"?> <rss version="2.0" xml:lang="en" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" > <channel> <title> New York Water Law </title> <link> http://nywaterlaw.com/ </link> <atom:link rel="self" type="application/rss+xml" href="http://nywaterlaw.com/feed.xml"/> <description> New York Water Law covers legal developments relating to water in New York and in jurisdictions that may be influential in New York. </description> <dc:subject> News& Politics </dc:subject> <language> en </language> <dc:rights> Copyright 2015 </dc:rights> <managingEditor> editor@nywaterlaw.com (Rachel Treichler) </managingEditor> <webMaster> blog@nywaterlaw.com (Rachel Treichler) </webMaster> <image> <url> http://nywaterlaw.com/images/rainsplash_drop_rss.jpg </url> <title> New York Water Law </title> <link> http://nywaterlaw.com/ </link> </image> <lastBuildDate> Thu, 02 Apr 2015 13:40:00 EST </lastBuildDate> <pubDate> Thu, 02 Apr 2015 13:40:00 EST </pubDate> <item> <title> DEC Speeds Up Water Permit Giveaway </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2014/10/1027pplawsuit.html </guid> <link> http://nywaterlaw.com/blog/2014/10/1027pplawsuit.html </link> <description> The DEC is pushing forward to process water withdrawal permit applications under our states's new water permitting law without requiring compliance with the water conservation standards contained in the new law or conducting environmental reviews of the permit applications. The permits are being issued gratis without the payment of water usage fees or application processing fees. As of April 1, 2015, notice of 125 water withdrawal permit applications has been given in the weekly Environmental Notice Bulletin (ENB) published by DEC. The pace of processing is picking up. Notice of 75 applications has been given since January 1st (three/fifths of all applications noticed to date). </description> <pubDate> Thu, 02 Apr 2015 13:40:00 EST </pubDate> </item> <item> <title> Painted Post Case to be Heard by Court of Appeals </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2014/10/1027pplawsuit.html </guid> <link> http://nywaterlaw.com/blog/2014/10/1027pplawsuit.html </link> <description> New York's highest court granted Petitioners' motion for leave to appeal the case of Sierra Club v. Village of Painted Post. In their motion for leave to appeal, Petitioners urged the Court of Appeals to clarify the confusing array of standing decisions in cases involving adverse environmental consequences affecting a large number of people and to address the application of SEQRA to municipal bulk water sales. In March 2013, the trial court in Steuben County found that the Village could not sell hundreds of millions of gallons of water from its municipal water system to SWEPI LP without conducting a review under SEQRA. The trial court found that Petitioner John Marvin had standing based on his proximity to the rail loading facility and his complaint of noise from the facility. SWEPI and the Village appealed Judge Fisher’s decision to the Appellate Division, Fourth Department. On March 25, 2014, the Fourth Department ruled in their favor based on standing. The appellate court found that Petitioner Marvin did not quality for standing under SEQRA despite the fact that he lives 500 feet from the rail loading facility. The appellate court concluded that the noise impacts he experienced were not “different in kind or degree from the public at large.” </description> <pubDate> Mon, 27 Oct 2014 12:00:00 EST </pubDate> </item> <item> <title> Queens Judge Rules against SEQRA and Coastal Zone Review of Water Withdrawal Permits </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2014/10/1010ravenswood.html </guid> <link> http://nywaterlaw.com/blog/2014/10/1010ravenswood.html </link> <description> In a precedent-setting decision, Justice Robert McDonald of the Queens County Supreme Court ruled that the first permit issued to an existing user under New York’s new water withdrawal permitting law was not subject to review under the State Environmental Quality Review Act (“SEQRA”) or the State Waterfront Revitalization Act. The case, Sierra Club v. Martens, Index No. 2949-14, challenged the issuance of an initial water withdrawal permit to Trans Canada's Ravenswood Generating Station in Queens to take up to 1.5 billion gallons per day from the East River. Petitioners Sierra Club and Hudson River Fishermen's Assoiciation claimed that an environmental review should have been conducted by the New York State Department of Environmental Conservation (“DEC”) pursuant to SEQRA and the Waterfront Act prior to issuance of the Ravenswood permit. The court did not address Petitioners’ claims that issuance of the permit violated the requirements of the water withdrawal permitting law and the public trust doctrine. </description> <pubDate> Fri, 10 Oct 2014 12:00:00 EST </pubDate> </item> <item> <title> DEC Continues to Rubber Stamp Water Withdrawal Permit Applications as Objections Mount </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2014/04/0421permits.html </guid> <link> http://nywaterlaw.com/blog/2014/04/0421permits.html </link> <description> The DEC has given notice of 13 water withdrawal permit applications under New York's new water withdrawal permitting law and regulations to date. Despite the clear wording of the new law, as pointed out in comments filed on a number of the applications and in a lawsuit filed by the Sierra Club and the Hudson River Fishermen's Association, the DEC continues to rubber stamp the water withdrawal permit applications it is receiving and refuses to conduct the reviews required under the state environmental quality review act (SEQRA) and the state's coastal zone management laws. </description> <pubDate> Tue, 22 Apr 2014 12:00:00 EST </pubDate> </item> <item> <title> Appeals Court Rules Against Petitioners in Painted Post Case on Standing </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2014/04/0402pplawsuit.html </guid> <link> http://nywaterlaw.com/blog/2014/04/0402pplawsuit.html </link> <description> tanding. The court said Marvin will not suffer noise impacts different in kind or degree from the public at large. The court also determined that the organizational petitioners did not have standing, stating Here, . . . , because 'none of the individual petitioners alleges a unique, direct environmental injury,' none of the organizational petitioners can be found to have standing. Having determined that none of petitioners had standing, the appeals court reversed the judgment of the trial court, and granted the motion of respondents Village of Painted Post, Painted Post Development, LLC, and SWEPI, LP to dismiss the petition. </description> <pubDate> Wed, 02 Apr 2014 12:00:00 EST </pubDate> </item> <item> <title> Sierra Club and HRFA Challenge DEC on Ravenswood Water Withdrawal Permit </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2013/12/1210ravenswoodwithdrawapp.html </guid> <link> http://nywaterlaw.com/blog/2013/12/1210ravenswoodwithdrawapp.html </link> <description> The Sierra Club and the Hudson River Fishermen’s Association filed suit December 6, 2013, in New York State Supreme Court in Queens County against the New York State Department of Environmental Conservation and TransCanada Ravenswood LLC. The suit is an Article 78 proceeding challenging the DEC's failure to conduct an environmental review under the State Environmental Quality Review Act (SEQRA) as part of the process in issuing a water withdrawal permit to the Ravenswood Generating Station. Ravenswood has applied for a permit to withdraw 1.5 billion gallons of water per day from the East River in New York Harbor. </description> <pubDate> Tue, 10 Dec 2013 12:00:51 EST </pubDate> </item> <item> <title> Will 12 NY Power Plants Get Permits this Year for 111% of NY's Total Fresh Water Usage? </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2013/08/0815nywaterpermitting.html </guid> <link> http://nywaterlaw.com/blog/2013/08/0815nywaterpermitting.html </link> <description> The total freshwater maximum usage of 12 facilities required to apply for water withdrawal permits this year, each of which is a power generating station, is almost 7.8 billion gallons per day. A comparison of this amount with New York State's total fresh water usage of 7.1 bgd as determined by USGS shows that the maximum daily usage of these facilities is 111% of New York's total daily freshwater usage. </description> <pubDate> Fri, 16 Aug 2013 12:00:51 EST </pubDate> </item> <item> <title> DEC Gives Two Weeks to Comment on First Water Withdrawal Application for 1.5 Billion GPD </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2013/08/0808ravenswoodwithdrawapp.html </guid> <link> http://nywaterlaw.com/blog/2013/08/0808ravenswoodwithdrawapp.html </link> <description> The first noticed application for a water withdrawal permit under New York's new water withdrawal laws and regulations, the application of the Ravenswood Generating Station in Queens, does not establish a comforting precedent for the handling of such applications by the New York State Department of Environmental Conservation (DEC). The DEC's categorization of the project as a Type II action is difficult to fathom because projects that would use ground or surface water in excess of 2,000,000 gallons per day are explicitly defined as Type I actions in Section 617.4(6)(ii) of the SEQRA regulations. </description> <pubDate> Thu, 08 Aug 2013 22:00:51 EST </pubDate> </item> <item> <title> SEQRA Review Required of NY Water Withdrawal Permit Applications </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2013/04/0407nywaterregs.html </guid> <link> http://nywaterlaw.com/blog/2013/04/0407nywaterregs.html </link> <description> Environmental impact assessments are required under SEQRA before the DEC processes the individual permit applications it receives under its new water withdrawal permitting program. Under the water withdrawal regulations, applications for systems withdrawing 100 million gallons per day (gpd) or more are due June 1, 2013. Under the SEQRA regulations, any project or action that would use ground or surface water in excess of two million gpd is a Type I action, requiring an environmental impact review under SEQRA. A water withdrawal application for 100 million gpd or more is without a doubt a Type I action. </description> <pubDate> Sun, 07 Apr 2013 14:00:51 EST </pubDate> </item> <item> <title> Judge Enjoins Painted Post Water Sales </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2013/03/0326nyppsuit.html </guid> <link> http://nywaterlaw.com/blog/2013/03/0326nyppsuit.html </link> <description> Judge Kenneth Fisher issued his rulling yesterday in Sierra Club v. Painted Post, Index No. 2012-0810, a legal challenge to the agreement made by the Village of Painted Post in Steuben County, New York to sell water to SWEPI, LP (an affiliate of Shell Oil Company) for gas drilling in Pennsylvania. The decision granted summary judgment to the petitioners. </description> <pubDate> Tue, 26 Mar 2013 15:30:51 EST </pubDate> </item> <item> <title> Putting Local Aquifer Protections in Place </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2013/03/0316nyaquifers.html </guid> <link> http://nywaterlaw.com/blog/2013/03/0316nyaquifers.html </link> <description> New USGS report on Susquehanna River Valley aquifers assists communities seeking to put aquifer protections in place in an area that may be targeted for high volume hydrofracking activities. </description> <pubDate> Sat, 16 Mar 2013 12:30:51 EST </pubDate> </item> <item> <title> Painted Post Water Export Suit Heard March 1 </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2013/03/0307nyppsuit.html </guid> <link> http://nywaterlaw.com/blog/2013/03/0307nyppsuit.html </link> <description> The first hearing in the lawsuit challenging water exports to a gas drilling company in Pennsylvania by the Village of Painted Post in Steuben County, NY, was held Friday, March 1, 2013, before Judge Kenneth R. Fisher in Rochester. </description> <pubDate> Thu, 07 Mar 2013 12:30:51 EST </pubDate> </item> <item> <title> Overview of New York's New Water Permitting Rules </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/11/1211nywaterregs2.html </guid> <link> http://nywaterlaw.com/blog/2012/11/1211nywaterregs2.html </link> <description> In this post, we give an overview of the new water withdrawal regulations released by the New York State Department of Environmental Conservation (DEC) on Nov. 21, 2012. Until the new permit conditions are made publicly available, it is not possible to fully evaluate the new requirements. </description> <pubDate> Sat, 24 Nov 2012 16:05:51 EST </pubDate> </item> <item> <title> Cuomo's Gift to the Gas Industry: New York's Water Withdrawal Regulations Issued </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/11/1211nywaterregs.html </guid> <link> http://nywaterlaw.com/blog/2012/11/1211nywaterregs.html </link> <description> Governor Cuomo announced a delay in issuing the state's proposed gas drilling regulations on Tuesday, but yesterday his Department of Environmental Conservation (DEC) went ahead and issued the state's new water withdrawal permitting regulations. The gas industry and other large water users in the state have a generous gift to be thankful for this Thanksgiving Day. </description> <pubDate> Thu, 22 Nov 2012 08:05:51 EST </pubDate> </item> <item> <title> Judge Dismisses Lawsuit for Full Environmental Review of Gas Drilling in Delaware River Basin </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/09/1209nyagdrbcsuit.html </guid> <link> http://nywaterlaw.com/blog/2012/09/1209nyagdrbcsuit.html </link> <description> Judge Nicholas Garaufis in Brooklyn dismissed a lawsuit seeking environmental studies to determine the effect of gas drilling on the Delaware River Basin. The suit was filed May 31, 2011, by New York Attorney General Eric Schneiderman on behalf of the citizens of New York and was joined in by several environmental groups. The Delaware River and its tributaries supply water to about 15 million people, including 9 million New Yorkers. </description> <pubDate> Tue, 25 Sep 2012 12:25:51 EST </pubDate> </item> <item> <title> Lawsuit Filed against Painted Post Bulk Water Sales for Gas Drilling </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/07/1207nyppsuit.html </guid> <link> http://nywaterlaw.com/blog/2012/07/1207nyppsuit.html </link> <description> A lawsuit challenging the plans of the Village of Painted Post to engage in bulk water sales for gas drilling in Pennsylvania was filed on on June 25, 2012. The suit was filed in Steuben County Supreme Court in Bath by the Sierra Club, the Coalition to Protect New York, People for a Healthy Environment and five individual petitioners against the Village of Painted Post, Painted Post Development LLC, SWEPI and the Wellsboro& Corning Railroad. I am working with attorney Richard J. Lippes from Buffalo to represent the petitioners. </description> <pubDate> Tue, 10 Jul 2012 12:25:51 EST </pubDate> </item> <item> <title> SRBC Should Put Water Withdrawals for Gas Drilling on Hold </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/05/1205srbcwithdrawalsny.html </guid> <link> http://nywaterlaw.com/blog/2012/05/1205srbcwithdrawalsny.html </link> <description> Two New York water withdrawal applications and a number of Pennsylvania applications are on the agenda for the SRBC's May 10, 2012 public hearing in Harrisburg, PA and are scheduled for action by SRBC at its June 7, 2012 business meeting in Binghamton, NY. Both New York projects are to withdraw water from the Elmira-Horseheads-Big Flats Aquifer on the Chemung River. The Elmira-Horseheads-Big Flats Aquifer is one of only 14 primary aquifers in New York state. </description> <pubDate> Mon, 07 May 2012 10:25:51 EST </pubDate> </item> <item> <title> Painted Post Water Exports to Pennsylvania </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/05/1205nymunicipalwithdraw.html </guid> <link> http://nywaterlaw.com/blog/2012/05/1205nymunicipalwithdraw.html </link> <description> I am posting factual material relating to the plans of the Village of Painted Post to sell water withdrawn from its municipal water system to Shell Western Exploration and Production LP (SWEPI) for export to SWEPI operations in Pennsylvania on my law office website. </description> <pubDate> Sun, 06 May 2012 12:25:51 EST </pubDate> </item> <item> <title> Court Finds New York's MS4 General Permit Violates the Clean Water Act </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/03/1203nymunicipalwithdraw.html </guid> <link> http://nywaterlaw.com/blog/2012/03/1203nymunicipalwithdraw.html </link> <description> On March 7, I spoke at a forum in Bath, NY about legal issues presented by municipal water exports to Pennsylvania. An overview of the issues discussed at the forum is contained in an op-ed piece, Municipal water export: Whose water? Whose rights? I wrote with Bath attorney Mark Schlechter that appeared in the Steuben Courier Advocate on March 17, 2012. </description> <pubDate> Tue, 20 Mar 2012 12:40:51 EST </pubDate> </item> <item> <title> Court Finds New York's MS4 General Permit Violates the Clean Water Act </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/02/1202nysgenpermitcase.html </guid> <link> http://nywaterlaw.com/blog/2012/02/1202nysgenpermitcase.html </link> <description> A state court in Westchester County has annulled the general permit issued by the New York State Department of Environmental Conservation (DEC) for Stormwater Discharges from Municipal Separate Storm Sewer Systems (the MS4 General Permit) on the ground that it fails to comply with the federal Clean Water Act and the provisions of New York law that implement it. Two key reasons for the ruling were that the general permit process allowed municipalities to self-certify compliance without oversight by the DEC and that the process did not provide for hearings on individual applications. The decision may have repercussions for other general permits issued by the DEC, including the General Permit for Discharges from Construction Activity, the Multi-Sector General Permit, the General Permit for Concentrated Animal Feeding Operations, and the proposed General Permit for Stormwater Discharges from High Volume Hydraulic Fracturing. </description> <pubDate> Sat, 11 Feb 2012 14:25:51 EST </pubDate> </item> <item> <title> SRBC Modifies Public Participation Process and Will Reconsider December Actions </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/01/1201srbchearing.html </guid> <link> http://nywaterlaw.com/blog/2012/01/1201srbchearing.html </link> <description> The Susquehanna River Basin Commission (SRBC) has announced changes to its public participation process. It will now conduct a public hearing on project applications one month before the Commission acts on the projects. In accordance with these changes, the SRBC will conduct a public hearing on February 16 to accept public comments on water withdrawal and consumptive use project applications scheduled for action by SRBC at its next business meeting in mid-March. The SRBC will accept written comments on the project applications until February 27. The project applications scheduled for the February 16 hearing include those that were approved at SRBC’ s December 15, 2011 hearing in Wilkes-Barre. Pa. The Commission decided to reconsider its December action on those project applications because the disruptive behavior of certain individuals prevented interested persons from offering testimony at the time,said SRBC Executive Director Paul Swartz. </description> <pubDate> Mon, 30 Jan 2012 12:25:51 EST </pubDate> </item> <item> <title> Public Comment Period Extended 15 Days for New York's Proposed Water Withdrawal Regulations </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/01/1201nywaterregs2.html </guid> <link> http://nywaterlaw.com/blog/2012/01/1201nywaterregs2.html </link> <description> The New York State Department of Environmental Conservation (DEC) has extended the public comment period for the department's proposed water withdrawal regulations discussed on our post earlier this week by 15 days. The new deadline for comments is 5:00 PM on Monday, February 6, 2012. For more information about the proposed regulations and how to submit comments, visit the DEC website at http://www.dec.ny.gov/regulations/78258.html. </description> <pubDate> Fri, 20 Jan 2012 17:00:51 EST </pubDate> </item> <item> <title> New York's Proposed Water Withdrawal Regulations: Unequal Treatment for the Great Lakes Basin </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/01/1201nywaterregs.html </guid> <link> http://nywaterlaw.com/blog/2012/01/1201nywaterregs.html </link> <description> My initial review of the proposed water withdrawal regulations published by the New York State Department of Environmental Conservation (DEC) in the New York State Register on November 23, 2011, discloses six preliminary areas of concern: 1. The proposed regulations are being issued without a cumulative impact analysis of water usage in the state, including water usage for hydrofracking. 2. The proposed regulations are being issued without the revised permit language being available for review. 3. The proposed withdrawal regulations do not address the consumptive use of water for gas drilling and will not cover most withdrawals for this purpose, leaving the Great Lakes Basin less protected than the Delaware and Susquehanna River Basins. 4. A staggered schedule of implementation is proposed, with the largest permits being issued first, thereby prioritizing the state's largest water users. 5. No public hearings are required before permits are issued, leaving residents of the Great Lakes Basin with fewer rights than residents of the Delaware and Susquehanna River Basins. 6. No water usage fees are imposed for withdrawals in the Great Lakes Basin although fees are imposed by the DRBC and the SRBC for withdrawals in the Delaware and Susquehanna River Basins. I urge the DEC to withdraw the proposed regulations and offer new regulations for comment that address these concerns. </description> <pubDate> Mon, 16 Jan 2012 09:05:51 EST </pubDate> </item> <item> <title> New York Water Law Seminar, Feb. 29, 2012, NYCn </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2012/01/1201nywaterseminar.html </guid> <link> http://nywaterlaw.com/blog/2012/01/1201nywaterseminar.html </link> <description> Half Moon Seminars is offering an all-day seminar on New York Water Law, Wed., Feb. 29, 2012, at NYC Seminar and Conference Center, 71 West 23d Street, in New York City. The program will address federal, state and local regulation of New York waters and water supplies, water use in natural gas and petroleum production, clean up of polluted water resources, complying with water quality laws and regulations and water utility regulation. I will give the opening presentation on the Development of New York Water Laws. CLE credit for attorneys and engineers is available. </description> <pubDate> Sun, 15 Jan 2012 09:45:51 EST </pubDate> </item> <item> <title> SRBC Adopts Final Rulemaking on Gas Drilling, Ignores Concerns </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2111/12/1112srbcwaterregs.html </guid> <link> http://nywaterlaw.com/blog/2111/12/1112srbcwaterregs.html </link> <description> At its December 15, 2011, meeting in Wilkes Barre, PA, the Susquehanna River Basin Commission (SRBC) voted to amend its project review regulations for gas drilling and approved 22 water withdrawal and consumptive use applications. The amended SRBC rules become effective April 1, 2012. In response to some outspoken members of the public, the December 15th meeting was adjourned before the agenda was completed. After adjourning, the Commissioners voted off-the-record to approve the majority of the water withdrawal applications. A group of environmental organizations has pointed out that the Commission’ s approval of the water withdrawal applications may not be legally effective because the approvals occurred after the meeting was adjourned. Prior to the meeting, a number of commentators had urged the SRBC to announce a moratorium on water withdrawals for hydraulic fracturing until the Commission has in place a comprehensive plan for water use and management based on a study of the cumulative impacts of projected gas development in the Susquehanna River Basin. </description> <pubDate> Tue, 27 Dec 2011 11:45:51 EST </pubDate> </item> <item> <title> DRBC Puts Water Withdrawals for Gas Drilling in New York on Hold </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2111/12/1112drbcwithdrawalsny.html </guid> <link> http://nywaterlaw.com/blog/2111/12/1112drbcwithdrawalsny.html </link> <description> The Delaware River Basin Commission (DRBC) adopted a resolution at its meeting on December 8, 2011, postponing action on any applications for water withdrawals for natural gas drilling in New York state until the New York State Department of Environmental Conservation (DEC) has completed its environmental review of hydraulic fracturing. The decision was made at the request of DEC Commissioner Joe Martens. The DRBC's decision to postpone consideration of applications from New York puts on hold a controversial application from XTO Energy— a subsidiary of Exxon-Mobil— to withdraw up to 250,000 gallons of water per day from Oquaga Creek, a pristine trout stream in eastern Broome County. Two other water withdrawal applications, both in Broome County, were also postponed by the commission's decision. </description> <pubDate> Mon, 12 Dec 2011 11:00:51 EST </pubDate> </item> <item> <title> New York's Proposed Water Withdrawal Regs Issued </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2111/12/1112nywaterregs.html </guid> <link> http://nywaterlaw.com/blog/2111/12/1112nywaterregs.html </link> <description> With little fanfare, the New York State Department of Environmental Conservation (DEC) has published its proposed regulations to implement the water withdrawal legislation passed unanimously by both houses of the legislature earlier this year and signed into law by Governor Cuomo on August. 15, 2011. The proposed water withdrawal regulations, amendments to 6 NYCRR Parts 601 and 621, were announced in the New York State Register on November 23, 2011, and are posted on the DEC website at http://www.dec.ny.gov/regulations/78258.html Written public comments on the proposed regulations are being accepted through January 22, 2012. No public hearings on the proposed regulations have been scheduled. On Dec. 2, 2011, the DEC announced public information sessions in New Paltz on December 6, 2011, in Henrietta on December 13, 2011, and in Albany on December 12, 2011. We will be posting a detailed analysis of the proposed regulations. </description> <pubDate> Mon, 05 Dec 2011 09:45:51 EST </pubDate> </item> <item> <title> DRBC Postpones Consideration of Proposed Regulations </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/11/1111drbcregspostponed.html </guid> <link> http://nywaterlaw.com/blog/2011/11/1111drbcregspostponed.html </link> <description> On November 18, 2011, the Delaware River Basin Commission announced that the Commission's special meeting scheduled for November 21, 2011, in Trenton, NJ would be postponed. The announcement came after reports that Governor Markell of Delaware and Governor Cuomo of New York would vote no on the proposed regulations that would have opened the Delaware River Watershed for gas drilling and fracking, which were to be voted on at the meeting. A new meeting date is still to be determined. </description> <pubDate> Tue, 22 Nov 2011 11:45:51 EST </pubDate> </item> <item> <title> DRBC Revises Proposed Water Withdrawal Regs for Gas Drilling </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/11/1111drbcwaterregs.html </guid> <link> http://nywaterlaw.com/blog/2011/11/1111drbcwaterregs.html </link> <description> The Delaware River Basin Commission (DRBC) published a revised draft of its proposed regulations applicable to water withdrawals for gas drilling in the Delaware River Basin on November 8, 2011. The DRBC has scheduled a vote on the revised draft regulations on November 21, 2011 at a special meeting in Trenton, NJ. A vote to approve gas regulations would lift the current moratorium. As noted in previous posts, the federal agencies overseeing the DRBC and the DRBC have been sued by New York Attorney General Eric Schneiderman and a group of environmental organizations for their failure to conduct a full environmental review of the proposed regulations under the National Environmental Policy Act (NEPA). </description> <pubDate> Tue, 15 Nov 2011 10:00:51 EST </pubDate> </item> <item> <title> New York Water Legislation Signed by Governor </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/08/1108nywaterlaw.html </guid> <link> http://nywaterlaw.com/blog/2011/08/1108nywaterlaw.html </link> <description> On August 15, 2011, Governor Andrew Cuomo signed into law the water withdrawal permitting legislation unanimously passed by the State Senate and Assembly. The new law (Chapters 400-402, Laws of 2011) expands the permitting requirements contained in Art. 15 of the Environmental Conservation Law to require that persons withdrawing 100,000 gallons or more per day of the state's waters obtain permits from the the New York State Department of Environmental Conservation (DEC) . The law imposes no fees for water usage or permit issuance. The new permitting requirements do not become applicable until the DEC promulgates new regulations implementing the legislation. </description> <pubDate> Mon, 22 Aug 2011 20:15:51 EST </pubDate> </item> <item> <title> Nonprofits Challenge DRBC Gas Drilling Regulations </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/08/1108usnyagsuit.html </guid> <link> http://nywaterlaw.com/blog/2011/08/1108usnyagsuit.html </link> <description> A coalition of nonprofit organizations filed suit last week against the Army Corps of Engineers and the Delaware River Basin Commission (DRBC) for their failure to comply with federal law by proposing gas drilling regulations without first conducting a full environmental review as required under the National Environmental Policy Act. Plaintiffs include the National Parks Conservation Association, Riverkeeper, and the Delaware Riverkeeper Network. The lawsuit was filed on August 4, 2011, in U.S. District Court in Brooklyn, New York where the Army Corps office is located. </description> <pubDate> Mon, 15 Aug 2011 08:00:51 EST </pubDate> </item> <item> <title> Pennsylvania Suit Challenges Discharge of Gas Drilling Wastewater into the Monongahela River </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/08/1108uspatreatment.html </guid> <link> http://nywaterlaw.com/blog/2011/08/1108uspatreatment.html </link> <description> Two Pennsylvania groups, Clean Water Action and Three Rivers Waterkeeper, filed suit in federal court on July 19, 2011, against the Municipal Authority of the City of McKeesport seeking to enjoin the Authority from accepting wastewater from gas drilling operations and discharging it into the Monongahela River. The river supplies drinking water for nearly a half million people, including a portion of the City of Pittsburgh. </description> <pubDate> Wed, 10 Aug 2011 09:15:51 EST </pubDate> </item> <item> <title> Suit Seeks Release of DOE Energy-Water Roadmap </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/07/1107usmadoefoia.html </guid> <link> http://nywaterlaw.com/blog/2011/07/1107usmadoefoia.html </link> <description> The Massachusetts-based Civil Society Institute (CSI) has brought suit under the federal Freedom of Information Act and the Administrative Procedure Act seeking release of a U.S. Department of Energy study, known as the National Energy-Water Roadmap. </description> <pubDate> Wed, 6 Jul 2011 11:15:51 EST </pubDate> </item> <item> <title> NY Water Bills Pass Unanimously </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/06/1106nywaterbills.html </guid> <link> http://nywaterlaw.com/blog/2011/06/1106nywaterbills.html </link> <description> On June 16, the NYS Senate became the second house of the NYS legislature to pass the pending water withdrawal permitting legislation, A5318A/S3798. The senate vote was 62-0. The assembly passed the legislation on May 2 with a vote of 101-0. </description> <pubDate> Mon, 20 Jun 2011 22:15:51 EST </pubDate> </item> <item> <title> NY AG Sues for Full Environmental Review of Gas Drilling in Delaware River Basin </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/06/1106usnyagsuit.html </guid> <link> http://nywaterlaw.com/blog/2011/06/1106usnyagsuit.html </link> <description> New York Attorney General Eric Schneiderman filed suit May 31, 2011, against the U.S. Army Corps of Engineers, the National Park Service, the U.S. Fish and Wildlife Service and the Environmental Protection Agency seeking, inter alia, an injunction ordering the Defendants to comply with the National Environmental Policy Act (NEPA) by promptly preparing a draft EIS subject to public comment, which shall include consideration as an alternative to the proposed DRBC regulations a prohibition on natural gas development within the New York City Watershed within the Basin, and which shall also include an analysis of reasonable measures to mitigate all potentially significant adverse environmental impacts. </description> <pubDate> Sun, 5 Jun 2011 10:00:51 EST </pubDate> </item> <item> <title> Suit Challenges Hydrofracking in New York State Forests </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/05/1105nyforestplan.html </guid> <link> http://nywaterlaw.com/blog/2011/05/1105nyforestplan.html </link> <description> The Croton Watershed Clean Water Coalition (CWCWC) has filed suit against the New York State Department of Environmental Conservation challenging the failure of the DEC's final Strategic Plan for State Forest Management (SPSFM) issued on December 29, 2010 to prohibit High Volume Horizontal Hydraulic Fracturing in New York State Forests. </description> <pubDate> Wed, 4 May 2011 21:15:51 EST </pubDate> </item> <item> <title> What Protections Are Offered by NY's Pending Water Withdrawal Bills? </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/04/1104nywaterbills.html </guid> <link> http://nywaterlaw.com/blog/2011/04/1104nywaterbills.html </link> <description> t basin are protected like waters in the Susquehanna River Basin and the Delaware River Basin, why put in place legislation that will not give comparable protections? </description> <pubDate> Thu, 28 Apr 2011 10:07:51 EST </pubDate> </item> <item> <title> Private Landowners Granted Right to Challenge EPA’ s Clean Water Act“ Impaired Waters” Listing Decisions </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/03/1103uscwaprivate.html </guid> <link> http://nywaterlaw.com/blog/2011/03/1103uscwaprivate.html </link> <description> Meline MacCurdy reports a recent Ninth Circuit holding that a“ perceived” decrease in value of private property following EPA’ s approval of a state’ s“ impaired waters” listing under Section 303 of the Clean Water Act (CWA) is sufficient to establish the standing of a private plaintiff to challenge the agency’ s decision. The case gives private property owners adjacent to creeks, rivers and other waterbodies in the West a seat at the table in CWA listing decisions, a step that often occurs long before affirmative obligations are imposed on uses of the private properties through the total maximum daily load (TMDL) program. </description> <pubDate> Fri, 11 Mar 2011 08:07:51 EST </pubDate> </item> <item> <title> Permit Systems Entrench Large Water Users </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/03/1103waterlawclimate.html </guid> <link> http://nywaterlaw.com/blog/2011/03/1103waterlawclimate.html </link> <description> Dan Tarlock's new paper on Water Law’ s Climate Disruption Adaptation Potential raises pertinent issues for the discussion going on in New York about proposed legislation to issue water withdrawal permits to large water private users. The paper describes the role permits played in Georgia’ s law making responses to a severe drought and notes that," [t]he reality is that the permit system entrenches large withdrawals." </description> <pubDate> Thu, 10 Mar 2011 11:15:51 EST </pubDate> </item> <item> <title> New York Water Withdrawal Bills Advance </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/03/1103nywaterbills.html </guid> <link> http://nywaterlaw.com/blog/2011/03/1103nywaterbills.html </link> <description> The water withdrawal legislation considered by the New York legislature in its 2009-2010 session has been reintroduced and is advancing. S3798 was voted out of the Senate En Con committee yesterday. Today, A5318A was amended to match S3798. </description> <pubDate> Wed, 9 Mar 2011 14:15:51 EST </pubDate> </item> <item> <title> WI Supreme Court to Address Public Trust Doctrine and Municipal Powers to Adopt Water Ordinances </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/01/1101wipublictrust.html </guid> <link> http://nywaterlaw.com/blog/2011/01/1101wipublictrust.html </link> <description> The Wisconsin Supreme Court has accepted review of a dispute over the permitting of a high-capacity water well. Upon review, the court is expected to decide the reach of the public trust doctrine and to decide whether a municipal ordinance governing groundwater transfers is preempted by state law. </description> <pubDate> Wed, 12 Jan 2011 14:15:51 EST </pubDate> </item> <item> <title> MI Supreme Court Rules on Water Law and Standing Issues </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/01/1101miausable.html </guid> <link> http://nywaterlaw.com/blog/2011/01/1101miausable.html </link> <description> A significant new decision of the Michigan Supreme Court addresses water law and standing issues. The case of Anglers of the AuSable v. Michigan Department of Environmental Quality and Merit Energy Company holds the diversion of contaminated water at issue in the case was “manifestly unreasonable”, and establishes broad rights for citizens to sue state agencies. </description> <pubDate> Wed, 12 Jan 2011 14:15:51 EST </pubDate> </item> <item> <title> US Supreme Court to Hear Water Compact Arguments Today </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/01/1101usmtvwy.html </guid> <link> http://nywaterlaw.com/blog/2011/01/1101usmtvwy.html </link> <description> U.S. Supreme Court will hear oral arguments today on Montana’s claim that Wyoming is violating the provisions of the Yellowstone River Compact. </description> <pubDate> Mon, 10 Jan 2011 09:52:51 EST </pubDate> </item> <item> <title> Final NY Forest Plan Allows Hydro-Fracking </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/01/1101nyforest.html </guid> <link> http://nywaterlaw.com/blog/2011/01/1101nyforest.html </link> <description> DEC's final forest plan calls for permitting gas drilling using the techniques of horizontal drilling and high-volume hydraulic fracturing in the state forests. </description> <pubDate> Mon, 10 Jan 2011 09:52:51 EST </pubDate> </item> <item> <title> Seminar on Natural Resource Damages, Jan. 20-21 </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/01/1101semnrd.html </guid> <link> http://nywaterlaw.com/blog/2011/01/1101semnrd.html </link> <description> Seminar offered on litigating Natural Resource Damages: The Ground, Groundwater and the Gulf: New Developments and Best Strategies, January 20 - 21, 2011, Miami, FL. </description> <pubDate> Mon, 10 Jan 2011 09:52:51 EST </pubDate> </item> <item> <title> NY Village of Owego Puts Wastewater Sale on Hold </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/01/1101nyowegosale.html </guid> <link> http://nywaterlaw.com/blog/2011/01/1101nyowegosale.html </link> <description> The Village Board of Owego, New York, near Binghamton, decided at a meeting on Dec. 20, 2010, to conduct an environmental assessment before voting on a proposed wastewater sale to Inflection Energy. </description> <pubDate> Mon, 10 Jan 2011 09:52:51 EST </pubDate> </item> <item> <title> PA Decision on Hydraulic Fracturing and Strict Liability </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/01/1101pafiorentino.html </guid> <link> http://nywaterlaw.com/blog/2011/01/1101pafiorentino.html </link> <description> A PA judge has refused to dismiss a suit against Cabot for claims that Cabot's hydraulic fracturing operations contaminated the plaintiffs’ property and water with methane, natural gas, and other toxics. </description> <pubDate> Mon, 10 Jan 2011 09:52:51 EST </pubDate> </item> <item> <title> NY Water Law Blog Launched </title> <guid isPermaLink="true"> http://nywaterlaw.com/blog/2011/01/1101bloglaunch.html </guid> <link> http://nywaterlaw.com/blog/2011/01/1101bloglaunch.html </link> <description> Website launched as a resource for citizens and lawyers studying water law issues in New York, and to promote greater understanding of New York's laws governing water usage and protection from water contamination. </description> <pubDate> Mon, 10 Jan 2011 09:52:51 EST </pubDate> </item> </channel> </rss> 
