Location: New York, NY

The Triborough Bridge and Tunnel Authority (TBTA), an affiliate of the MTA, along with the New York State and New York City Departments of Transportation (collectively, the Project Sponsors), have proposed the Central Business District Tolling Program (CBDTP) for Federal Highway Administration (FHWA) approval under the Value Pricing Pilot Program (VPPP). This proposal is the first in this country for congestion pricing in a city to reduce congestion (and, in this case, also to raise funds for MTA capital projects). In June 2023, a Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) for the proposed CBDTP was issued by FHWA in coordination with the Project Sponsors. SPR has counseled the MTA/TBTA in the development of the EA, including outreach, interfacing with federal, state, local and regional agencies, and advising with respect to various legal issues, as well as with respect to the VPPP. SPR is also representing the MTA/TBTA in nine federal litigations challenging the FONSI, including one brought by the State of New Jersey.  In one of those litigations, the Court for the U.S. District Court for the Southern District of New York issued an Opinion and Order on June 20, 2024, affirming the validity of the EA and FONSI.

Location: Long Island, NY

SPR represents Equinor Wind US in the local and state permitting and development, and aspects of federal permitting, for the Empire Wind 1 and the Empire Wind 2 offshore wind projects that will supply New York State with over 2 gigawatts of renewable energy, power 1 million homes, and provide billions of dollars of economic benefits to the State. The projects also are expected to provide tens of millions of dollars in investments in long-term port facilities, related infrastructure, and new technologies. Together, these offshore wind projects will help the State meet the renewable energy and offshore wind capacity mandates set forth in NY’s Climate Leadership and Community Protection Act, diversify NY’s energy portfolio, and reduce greenhouse gas emissions. SPR assisted Equinor acquire various properties that will support its offshore wind projects, and helps navigate the remediation of those properties thorough the Brownfield Cleanup Program. The Firm also advises Equinor on parkland alienation and conversion issues, on the development of an offshore wind port in New York City that will service Equinor’s offshore wind projects and house the onshore substation for the Empire Wind 1 project, on other required local approvals and land rights, on contractor procurement, and on diligence for private finance relating to environmental permitting and litigation risk. SPR assisted Equinor on the development of the Beacon Wind 1 offshore wind project until early 2024, when Equinor transferred its interest in that project to another offshore wind developer.

Location: Cortlandt, NY

SPR represents the Town of Cortlandt, NY in ongoing state and federal administrative proceedings related to the relicensing of the Indian Point nuclear power plant. The state relicensing involves CWA Sections 316 (cooling water intakes) and 401 (water quality certification), and environmental impact review under SEQRA; the federal relicensing involves NEPA review and a technical analysis of nuclear safety issues posed by the plant. Most recently SPR has represented the Town in the process of decommissioning the power plant.

Location: Cortlandt, NY

SPR successfully defended an Article 78 challenge to the Town Board's moratorium on certain types of development pending a revision to the Town's Comprehensive Plan. SPR has represented the Town in land use and zoning matters for decades, and has successfully defended numerous other Article 78 petitions seeking to challenge permitting and zoning variance decisions, environmental impact review under SEQRA and similar matters.

Location: New York, NY

SPR successfully represented defendant Adchem Corporation in a multi-party litigation involving years of discovery and motion practice. Although this case arose under CERCLA and New York negligence law, its resolution in favor of our client turned on claims that involved corporate veil piercing, general releases of liability obligations of commercial tenants, and when a dissolved corporation can no longer be sued. The Court of Appeals for the Second Circuit denied Plaintiffs’ petition for a rehearing en banc, and the Supreme Court denied a petition for a writ of certiorari. SPR subsequently represented Adchem Corporation in a second multi-party litigation involving the emerging contaminant 1,4-dioxane.

Location: New York, NY

SPR serves as special environmental counsel to the Port Authority of New York and New Jersey on the environmental impact review of the proposed replacement of the Port Authority Bus Terminal in New York City.  The project entails a new main terminal, an adjunct facility for additional bus storage and staging, new ramps, and the conversion of deck-overs to publicly accessible open space. The project also includes two privately funded commercial developments over the new main terminal to assist in funding the transportation and open space elements. The environmental review is being conducted by the Federal Transit Administration (FTA) pursuant to the National Environmental Policy Act (NEPA). In February 2024, the FTA issued a Draft Environmental Impact Statement.  Issuance of the Final EIS is expected in the Summer of 2024.

Location: Nationwide

SPR managed the environmental due diligence for a $12 Billion merger involving 1,300 facilities across the USA.  Facilities were located in at least 37 jurisdictions, including: AL, AR, AZ, CO, CA, CT, FL, GA, IA, IL, IN, KS, KY, LA,  MA, MD, ME, MI, MS, MO, MN, NC, NH, NJ, NV, NY, OH, OK,  OR, PA, RI, SC, TN, TX, VA, WI, and WA. SPR reviewed environmental due diligence documents including Phase I and Phase II site investigation reports, developed due diligence strategy, worked with Extra Space’s environmental consultants and local counsel to identify and manage risks across the portfolio, and supported SEC counsel with respect to environmental aspects of their 10b-5 opinion.  The transaction closed on time.