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NYSDEC Unveils Revised BCP Application As Application Fee Becomes Effective

The New York State Department of Environmental Conservation (NYSDEC) revealed its revised Brownfield Cleanup Program (BCP) application which reflects changes made the recent Budget agreement.  We previously discussed the revisions to the BCP here. The revised application which took effect on April 25th is available here . The revised form require applicants to provide new and […]

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EPA Scheduled to Publish Recognition of ASTM E1527-21 in March 14th Federal Register

EPA has released a pre-publication copy of its proposed and direct final rule to recognize E1527-21 as a method for complying with its All Appropriate Inquiries (AAI) Rule.  If EPA does not receive any negative comments, the final direct rule will become effective upon the expiration of the public comment period. Upon the effective date,

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Minnesota Issues Vapor Intrusion Mitigation Guidance For Parking Facilities

The Minnesota Pollution Control Agency (MPCA) issues a guidance document for design and operation of parking facility that will be used as a mitigation option for vapor intrusion.  The Guidance applies to both proposed and existing parking facilities. The agency states that while current codes require both physical barriers and ventilation to provide continuous air

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Pre-Publication Notice Identifying 30 Environmental Rules Subject to Regulatory Freeze

In a prior post, we discussed the regulatory freeze that had been implemented by the Trump Administration on its first day in office. The moratorium applied to proposed rules issued by the Obama Administration since election day that had not yet gone into effect. We provided a list of environmental and energy rules that were

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What Obama-Era Environmental Regulations May Be Revoked Under the Congressional Review Act

In our prior Post, we discussed the regulations proposed by the Obama Administration since election day that would be subject to the moratorium issued by the Trump Administration. In this post, we cover the Obama-era regulations that have already gone into effect that my be vulnerable to recession under the Congressional Review Act (CRA).  The

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What Obama “Midnight Rules” Are Subject to the Trump Regulatory Freeze?

Since the Carter Administration, it has become customary for outgoing presidential administrations to issue a plethora of new regulations between election day and the inauguration. These rules are often called “midnight rules”. In response, the incoming administrations have issued executive orders or memorandum to temporarily delay or “freeze” these midnight regulations” so the new administration

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