Permit Extensions: Looming Deadline and Best Practices


By Gibbons attorneys Howard D. Geneslaw and Cameron W. MacLeod

The period within which to register development approvals for tolling or extension under the Permit Extension Act of 2020 (“Act”) concludes on October 8, 2020. Permits and approvals which are not timely registered by that date may expire without receiving the benefit of tolling afforded by the Act.

We have detailed both the Permit Extension Act of 2020 and the recently published notices from various state agencies on our website. While the language of the Act as adopted, and the accompanying notices from the various state agencies, are not fully consistent with respect to what approvals are required to be registered, we wanted to pass along two key suggestions regarding how to best take advantage of the Act:

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Healthy, frolicking baby orca is a boy

Tahlequah’s new baby, right, is confirmed to be a male. The baby was seen playing and frolicking last evening at Point Roberts, Washington. (Sara Shimazu Hysazu / Maya’s Legacy/PWWA)

From today”s Seattle Times

Researchers were hoping for a girl to help boost the population in the future. But the good news is that this fellow looked feisty when he was seen off Point Roberts in Whatcom County, according to the Center for Whale Research. He’s the son of Tahlequah, who raised worldwide concern in 2018 when she carried a dead calf for 17 days and 1,000 miles. (Photo courtesy of Sara Shimazu Hysazu)

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California to stop sales of new gas-powered cars by 2035

Gov. Gavin Newsom signs executive order that will require new cars sold in the state to be electric or otherwise zero-emissions.

By Dino GrandoniFaiz Siddiqui and Brady Dennis, Washington Post
September 23, 2020 at 2:00 p.m. EDT

California, the world’s fifth-largest economy and the state that created U.S. car culture, will stop selling gasoline-powered automobiles within 15 years, Gov. Gavin Newsom (D) announced Wednesday.

Facing its record-breaking wildfire season and heat waves, made worse by climate change, California is moving to eliminate greenhouse gas emissions from automobiles, Newsom said.

“For too many decades, we have allowed cars to pollute the air that our children and families breathe,” Newsom said in a statement Wednesday. “You deserve to have a car that doesn’t give your kids asthma. Our cars shouldn’t make wildfires worse — and create more days filled with smoky air.”

The state’s clean air regulator, the California Air Resources Board, will develop regulations that ensure every new passenger car sold in the state is electric or is otherwise zero-emissions by 2035. Automakers would have until 2045 to make sure all medium- and heavy-duty trucks and other vehicles were zero-emissions, as well.

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Trump veto of House clean energy bill likely

Ginsburg replacement fight complicates Senate bill’s path

Getty Images

By Catherine Morehouse, Utility Dive

The White House on Monday said the president’s advisors would recommend he veto a comprehensive House clean energy bill, as progress on the Senate’s Energy Innovation Act may continue to stall following the death of Supreme Court Justice Ruth Bader Ginsburg.

Members of Congress were hoping to squeeze out their respective chambers’ energy innovation bills by the end of the year, but between the White House’s intent to veto and an expected fierce battle over the now-vacant Supreme Court seat following the death of Ginsburg on Friday, a path forward is less certain.

“With the news of Justice Ginsburg’s passing, I cannot even venture a guess of how the next few weeks and months may play out,” said Rep. Paul Tonko, D-N.Y., on Monday during a National Clean Energy Week symposium.

Policy observers say there was likely already too little time left in the year to see the Senate’s Energy Innovation Act hit the floor again, after stalling in March. Meanwhile, the House’s legislative package was scheduled for a vote this week, but the White House Office of Management and Budget (OMB) indicated the president’s advisors would recommend he veto the legislation if it made it to his desk, citing the bill’s “top-down approach that would undermine the Administration’s deregulatory agenda.

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PA recycling facility gets grant to recycle polystyrene

By Megan Smalley, Recycling Today

Westmoreland Cleanways and Recycling (WCR), a nonprofit environmental organization based in southwestern Pennsylvania, has received a $46,500 grant from the Foam Recycling Coalition (FRC), Falls Church, Virginia, to add a foam densifier to its drop-off facility that recovers hard-to-recycle materials.

According to a news release from FRC, WCR oversees recycling activity in Westmoreland County, Pennsylvania, which has 67 municipalities and more than 151,000 households. The organization opened its first drop-off facility in 2014 to manage hard-to-recycle materials not collected in curbside recycling. Materials accepted include electronics, tires, scrap metal, appliances, fluorescent bulbs/fixtures, used motor oil, lead-acid batteries, glass containers and now polystyrene (PS).

FRC says the funding will enable WCR to purchase and install a high-capacity densifier unit to manage its drop-off foam collection at a new and larger facility the organization opened in May. The densifier will allow WCR to collect any type of foam, including foodservice packaging (e.g., cups, plates, bowls, clamshells and cafeteria trays), other foam food packaging (e.g., egg cartons and meat trays) and block protective packaging foam found with electronics or furniture.

“We are focused on recovering more material. Adding the new services for foam recycling is highly anticipated within the county,” says Ellen Keefe, executive director of WCR.

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NY State welcomes fall. Asks public to respectfully share the woods

From the New York State Department of Environmental Conservation

Get to Know New York’s Natives: Red Maple

red maple leaves with red coloring in autumn

With fall officially upon us tomorrow, there’s no better native to highlight this month than one of the first trees to showcase its autumn colors – the red maple (Acer rubrum).

Red maple is one of the most common tree species in the eastern United States, and red maple trees can be found all across New York State. This species’ tolerance of a wide range of site conditions makes it suitable for both natural and urban environments. Mature trees tend to reach a height of 40-60 feet with a full canopy of 30-40 feet in width.

the flower of a red maple tree in spring

This time of year, red maples are admired for their bright red shades, though yellow and occasionally even orange can be spotted as well. In winter, the sap of a red maple can be used to produce maple syrup. As winter ends, the red flowers and seeds of this species are a welcome sign of early spring. The seeds (samaras), buds, and twigs are treats for mammals, and the tree’s canopy is a popular nesting site for birds. In the forest products industry, red maple is valued for its lumber and pulpwood. The red maple is truly a tree for all seasons and species!

Check out more red maple fun at these links:

Photos: (Top) Red maple leaves in autumn, photo by USDA Forest Service; (Bottom) red maple flowers in early spring, photo by Chris Evans, University of Illinois

Safely and Respectfully Sharing the Woods this Fall

With hunting and trapping seasons beginning soon, DEC encourages outdoor enthusiasts to respectfully share the woods and follow commonsense safety precautions. Most public lands in New York are open for multiple forms of recreation, meaning outdoor enthusiasts of all kinds share these lands. Whether you are a hiker, hunter, nature photographer, mountain biker or trapper, following a few simple measures can make your choice of recreation safe and enjoyable while sharing the outdoors.

DEC encourages every outdoor enthusiast to wear blaze orange, pink or another bright color, especially during fall and winter. Doing so allows individuals to be seen more easily and from greater distances. In addition, wearing bright colors makes it easier for Forest Rangers, Environmental Conservation Police Officers, or other rescue personnel to find you in the event of an emergency.

When not actively engaged in hunting, pet owners are encouraged to have their dogs wear a blaze orange, pink or another bright color vest or scarf. Dogs should stay leashed at all times. Trapping seasons are open throughout the fall and early winter. Although it’s a rare occurrence, traps set for furbearers (such as raccoons and coyotes) can also capture dogs that are not under control. Trapping is a highly regulated activity, and the regulations are strongly enforced. Trappers are required to take an educational course before getting a license, and DEC works closely with the trapping community to encourage trapping techniques that minimize risks to non-target wildlife and other animals like dogs. Keeping dogs on their leash is safer for the dog and for other people and gives pet owners peace of mind. 

Hunting is among the most popular forms of wildlife recreation in the state, drawing nearly 700,000 New Yorkers and more than 50,000 out-of-state visitors. Hunting is a safe and economically important outdoor pursuit, helping to manage wildlife populations and promote family traditions, while fostering an understanding and respect for the environment. Hikers should be aware that they may meet hunters bearing firearms or archery equipment on public trails. Hunters should, likewise, recognize that they may encounter non-hunters while afield. Hunting accidents involving non-hunters are extremely rare.

Recreate Locally and Safely during COVID-19

Hunters looking for solitude can minimize disturbances associated with other forms of recreation by following a few tips. Before a season opens, while scouting for the perfect hunting spot or stand location, take the time to check if your planned location is a popular one. It’s best to avoid crowding other hunters. If your location is near a popular hiking spot, you may experience noise from other people who recreate outdoors. If your preferred spot becomes too crowded, it is a good idea to have an alternative location already identified. Find a destination by visiting the DEC website, checking out DECinfo Locator, or downloading the NY Fishing, Hunting, & Wildlife App.

DEC and the NYS Office of Parks, Recreation, and Historic Preservation (State Parks) encourage you to engage in responsible recreation during the ongoing COVID-19 public health crisis. Recreate locally, practice physical distancing, and use common sense to protect yourself and others.

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