NY Project Auto-Approved If State Snoozes on Water Check
Published Date: 5/15/2025
Notice
Summary
EONY Generation Limited asked New York DEC for permission to make sure their project won’t harm water quality. New York DEC has one year, until May 2, 2026, to decide. If they don’t act by then, their say is waived, so EONY can move forward without delay.
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
One-year waiver if state doesn't decide
If you are a developer seeking Clean Water Act section 401 certification in New York, the State received EONY Generation Limited's request on May 2, 2025 and has until May 2, 2026 to act. If New York DEC does not act by May 2, 2026, its certification authority is deemed waived under section 401(a)(1) of the Clean Water Act, and the project may proceed without that state certification.
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