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Clean Water Act


March 20, 2014 | Posted by Karen Mintzer 3/20/2014 | Permalink
New York City has begun efforts to establish a wetlands mitigation bank in Staten Island. The bank would provide an opportunity for off-site mitigation of impacts to water resources, including wetlands, related to development activities requiring New York State Department of Environmental Conservation and United States Army Corps permits. The ability to offer off-site compensation for wetland and other aquatic resource impacts associated with waterfront developments would facilitate the improvement and protection of coastal resources on the bank site and serve as an important mitigation tool for development projects that currently is unavailable in New York City. read more
May 30, 2012 | Posted by Mintzer, Karen | Permalink

On March 13, 2012, the New York State Department of Environmental Conservation and the New York City Department of Environmental Protection announced a final agreement requiring New York City to improve the overall water quality in New York Harbor.  The agreement requires New York City to invest approximately $187 million over the next three years and an estimated $2.4 billion of public and private funding over the next 18 years to install green infrastructure technologies to manage stormwater before it enters the City’s combined sewer system. 

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May 11, 2012 | Posted by Folb, Kerri B. | Permalink
On March 21, 2012, the United States Supreme Court issued a very significant decision affecting the administration of the Clean Water Act (“CWA”) by the Environmental Protection Agency (“EPA”). The Court held that an administrative compliance order issued by the EPA under the CWA is a final agency action that is subject to judicial review. This decision establishes a new precedent in that property owners may now immediately challenge a CWA order in the courts rather than choosing to either comply with the order or wait for EPA to bring an enforcement action while accruing penalties in the meantime. However, the reach of the decision beyond the CWA may be limited. read more