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<title>
New York Water Law
</title>
<link>
http://nywaterlaw.com/
</link>
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<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>
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<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>
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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">
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<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>
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http://nywaterlaw.com/blog/2014/04/0402pplawsuit.html
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<link>
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</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>