Phillips Lytle Partner and Team Leader of the firm’s Environmental Practice, David P. Flynn, was recognized, for the second year in a row, as a power leader on City & State’s 2022 Energy & Environment Power 100 list. Ranking at #68, Mr. Flynn has been identified as a key player in New York
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Two Recent Groundbreaking Supreme Court Decisions Change the Environmental Law Landscape
It is not often that the Supreme Court takes on significant environmental cases – and in this instance – two significant decisions were issued by the Court within a month of each other.
For overviews and key takeaways of these two environmental law decisions from the U.S. Supreme Court – Atlantic Richfield Co. v. Christian
New York State Public Service Commission Flexes “Just and Reasonable” Muscle to Impose Sweeping Reforms to Energy Marketplace
The New York State Public Service Commission (“Commission”) leveraged an unprecedented interpretation of its “just and reasonable” regulatory authority to impose drastic changes to the retail energy marketplace, which will have ripple effects on Renewable Energy Credit (REC) markets, retail energy contracts, Distributed Energy Resource (DER) providers and other clean technology stakeholders. The Commission’s Order Adopting
Reset 2.0?
Public Service Commission Resets Retail Energy Marketplace:
All ESCOs Required to Re-Register Under New Rules and Completely Revise Product Offerings
On December 12, 2019, the New York State Public Service Commission (“Commission”) voted to reset the retail energy marketplace by requiring all Energy Service Companies (ESCOs) to re-register for eligibility to serve customers. While the
Significant Changes Proposed for NYSDEC’s SEQRA Regulations
Four years after beginning the process, the New York State Department of Environmental Conservation (“NYSDEC”) issued its proposed amendments to the New York State Environmental Quality Review Act (“SEQRA”) regulations (“SEQRA Regulations”). According to NYSDEC, the “principal purpose of the amendments is to streamline the SEQR[A] process without sacrificing meaningful environmental review.”
New York PSC Opens Evidentiary Hearing on ESCO Markets
Considers Full-scale Regulation, Tariffs and Voiding Existing Contracts
On December 2, 2016, the New York Public Service Commission issued a Notice of Evidentiary and Collaborative Tracks and Deadline for Initial Testimony and Exhibits, which initiates a new round in the agency’s regulatory investigation of New York’s retail energy markets. The proceeding will examine measures
New York Public Service Commission Clarifies REC and ZEC Obligations
LSE Obligation Deadlines Approaching
In August 2016, the Public Service Commission (“Commission”) issued the Clean Energy Standard Order to set the framework for accomplishing two goals: achieving 50 percent renewable generation by 2030 and preserving the economic viability of three zero-emissions nuclear power plants as a bridge to the clean energy future. To meet
NY DPS Staff Report on Value of DER
The New York Department of Public Service Staff released a complex report of recommendations to the New York Public Service Commission on how to properly value distributed energy resources (“DERs”) as the state transitions away from net energy metering (“NEM”). Reforms to NEM—which credits distributed generation at the retail rate of electricity—have been a controversial
Flint Water Crisis Produces Criminal Charges Against State and Local Officials
Just three months after Michigan Attorney General Bill Schuette announced his intent to investigate the circumstances surrounding Flint, Michigan’s water crisis, the state filed criminal charges on Wednesday against two state environmental quality officials and a city utilities administrator for their apparent roles in the crisis. Specifically, the state claims the workers, among other things,
Asbestos/Vermiculite Guidance
The New York State Department of Health (“DOH”) released a new guidance document to clarify questions and concerns about asbestos in vermiculate-containing materials (July 9, 2013 Guidance Letter”). Previously, the DOH issued a list of FAQs concerning fiber analysis and asbestos-containing materials (“ACM”); FAQ #10, which discussed vermiculite-containing materials, was subsequently updated to address, among
