Skip to content

Elizabeth
Knauer

Principal

Elizabeth
Knauer

Principal

Elizabeth’s practice has included most facets of environmental law under federal and New York State law, and views every matter through a multidimensional lens. Her experience in both litigation and project development provides a seasoned perspective on avoiding and managing risk.

Elizabeth has litigated various matters relating to environmental contamination and claims for recovery of associated costs involving the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the New York Navigation Law, and other statutes; toxic tort claims; the Clean Water Act; environmental permitting standards; administrative law; and contractual provisions.  She has litigated at the trial court and appellate level in both state and federal courts for nearly two decades and is familiar with complex litigation involving large numbers of defendants. Much of her recent work has involved litigation concerning groundwater contamination affecting public water supplies, including by emerging contaminants such as 1,4-dioxane and PFAS. Elizabeth also regularly litigates administrative law cases, defending decision making of federal, state and municipal agencies when legal challenges are filed on environmental grounds.

Elizabeth’s practice also focuses on environmental impact assessment under the State Environmental Quality Review Act (SEQRA), City Environmental Quality Review (CEQR) and the National Environmental Policy Act (NEPA). She has advised both governmental and private clients on the environmental assessment of, and other environmental issues related to, projects ranging from major transportation projects to small affordable housing developments requiring federal or state approvals or undergoing the New York City Uniform Land Use Review Procedure (ULURP). This work has included advice and litigation related to parkland alienation and federal and State historic resources consultation processes.

Elizabeth advises clients with respect to environmental permitting and enforcement actions, and negotiates on their behalf with governmental agencies. She has helped secure federal and state permits for waterfront work for a variety of development projects as well as industrial operators. She also advises with respect to management and remediation of environmental contamination to minimize exposure to liability.

Elizabeth has been an appointed citizen member of the New York City Environmental Control Board for over a decade.

New York Metro Super Lawyers, Environmental Law and Environmental Litigation
Best Lawyers®, Environmental Law
Chambers and Partners USA, Ranked Band 2 for Environmental Law

Queens West Development Corporation

Location: New York, NY

The firm represents the Queens West Development Corporation (QWDC), a subsidiary of Empire State Development and a cooperative undertaking of the State of New York and the Port Authority of New York and New Jersey. QWDC has overseen the remediation and redevelopment of former industrial waterfront property along the East River in Long Island City, Queens. The project boundaries extend from the Anable Basin to 50th Avenue, west of 5th Street. SPR advised on the preparation of the EIS for the project, and successfully defended the EIS against a judicial challenge.  The Firm helped to structure and negotiate environmental liability risk management protections associated with the property acquisition, oversee contaminated soil remediation pursuant to the Voluntary and Brownfield Cleanup Programs, secure the necessary tidal wetlands permits and other regulatory approvals that authorized the construction of eleven residential buildings (over 4,600 housing units), over 170,000 square feet of retail amenities, public streets and utilities, two public schools and 13 acres of public parkland and recreational areas that has greatly enhanced the Long Island City community. The Firm also represented QWDC and a private developer in litigation to recover costs associated with certain aspects of remediation.

New Hope Power Company

Location: South Bay, Florida

The firm represented the Company and won summary judgment in the Southern District of Florida, which enjoined the U.S. Army Corps of Engineers from applying rules pertaining to its regulatory jurisdiction over certain former wetlands.  The Court held that the Corps, by relying only on its own internal memoranda, had failed to properly promulgate the rules through the notice-and-comment rulemaking procedures required under the Administrative Procedure Act.  The decision has wide import, as it directly affects approximately 700,000 acres within the Everglades Agricultural Area (EAA), and other hydrologically-managed lands nationwide for which non-agricultural uses may be proposed.

City Point

Location: Brooklyn, NY

On behalf of project developers, SPR obtained dismissal of claims in New York County Supreme Court brought under the State Environmental Quality Review Act to challenge the mixed-use City Point project in Downtown Brooklyn by community group and labor unions on statute of limitations and standing grounds.  SPR also advised the developer with respect to subsequent environmental review of project modifications.
placeholder

Victoria Theatre Redevelopment

Location: New York, NY

The firm advised the Empire State Development Corporation with respect to the preparation of an Environmental Impact Statement for the redevelopment of the site of a historic theater in Harlem with cultural uses, a hotel, and mixed income residential space.

2800 Hylan Blvd., LLC v. Motiva Enterprises

Location: Staten Island

With the help of the firm, the client obtained judgment after a federal bench trial awarding lost rent and attorneys' fees under the New York Navigation Law to the owner of a Staten Island property contaminated by a gasoline service station.

Prince’s Point

Location: Staten Island, NY

SPR represented Muss Development Corporation with respect to a proposed large-scale residential development on Prince's Point, which borders Staten Island. Shortly after Muss purchased the property, it was discovered to be seriously contaminated with hazardous wastes from historic uses, resulting in its listing as an Inactive Hazardous Waste Disposal Site under the State Superfund Program. SPR provided legal advice pertaining to the remediation of the site, which took many years to complete, and successfully sued the prior owner for response costs under CERCLA.  SPR also provided representation concerning State Tidal and Freshwater Wetlands permitting and associated environmental issues. SPR subsequently advised the purchaser of the property in complying with overlapping requirements of permits and consent orders governing development.

Hudson River Park

Location: New York, NY

From its inception, SPR has served as environmental and litigation counsel to the Hudson River Park Trust on major proposed projects in Hudson River Park, most recently Little Island, Pier 57, and Gansevoort Peninsula. Little Island is a distinctive pier offering world-class recreation and performing arts events, with the support of a donation from the Diller/von Furstenberg Family Foundation – the largest gift to a public park in the history of New York State. Little Island was the subject of litigation in state and federal court for over two years, during which SPR successfully overcame a challenge to the Trust’s environmental review and a challenge to the permit issued by the DEC (as co-counsel with the State).

SPR also helped the Trust obtain new permits after the donor terminated and then restarted the Project. Pier 57 was transformed from its original maritime use to an indoor/outdoor public space and food hall. SPR advised the Trust with respect to the preparation of an environmental impact statement for Pier 57 as well as obtaining environmental permits. The Gansevoort Peninsula is a public beach and passive recreation space that replaces a former sanitation facility. SPR advised on environmental permitting and represented the Trust in litigation challenging the Gansevoort Peninsula project.

Yankee Stadium

Location: Bronx, NY

SPR represented the New York Yankees in connection with the development of the new Yankee stadium in the Bronx. The project also included the construction of additional parking facilities, and the creation of new parkland and recreational facilities at and in the immediate vicinity of the existing stadium, as well as along the Harlem River waterfront. The firm successfully defended the New York Yankees in the lawsuit that challenged the environmental review and parkland aspect of this project.

 

Bayonne Bridge Navigational Clearance Program

Location: Bayonne, NJ and Staten Island, NY

SPR represented the Port Authority of New York and New Jersey (“Port Authority”) with regard to the environmental review and permitting of this project, which raised the vertical clearance of the Bayonne Bridge over the Kill van Kull for larger container vessels. The environmental reviews were under NEPA, SEQRA and CEQR, as well as Section 106 of the National Historic Preservation Act (“NHPA”). The Firm assisted in obtaining permits from the United States Coast Guard, NYSDEC, and NYSDOT. The Firm also represented the Port Authority in the successful defense of federal litigation under the Administrative Procedure Act challenging the Environmental Assessment and Cost Guard-issued Finding of No Significant Impact for the project.

Willets Point Development Project

Location: Queens, NY

SPR was retained by the New York City Economic Development Corporation (EDC) to serve as environmental counsel for the preparation of a Generic Environmental Impact Statement for the City of New York's proposed redevelopment of a 61 acre parcel in Willets Point Queens. The Willets Point project is a proposed redevelopment of an underutilized industrial area into a lively, mixed-use, sustainable community and regional destination. Besides the GEIS, the Firm assisted the City in other aspects of the proposed project, including hazardous waste remediation and environmental issues relating to the purchase of existing parcels within the project area and the parcels to be utilized to relocate existing businesses. The project, which required the rezoning of the area and adoption of an urban renewal plan, was approved in the Fall of 2008. In 2017 SPR was retained by the Queens Development Group (a partnership of the Related Companies and Sterling Equities) to represent the project developer in connection with hazardous waste remediation pursuant to the Brownfield Cleanup Program. The project will transform an approximately 23 acre area with construction of New York City’s largest 100% affordable housing project in 40 years, a professional league soccer stadium, a public school, park and public open space amenities.

MTA Congestion Pricing

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.

PFAS Multi-District Litigation

Location: New Jersey and New York

SPR represents the Port Authority of New York and New Jersey as a defendant in a multidistrict litigation concerning pollution resulting from use of aqueous film forming foam containing per- and polyfluoroalkyl substances (PFAS) for fire suppression purposes at various sites, including military bases and airports, throughout the country. The Port Authority is a defendant in multiple cases in the Multi-District Litigation based on its operation of Stewart International Airport.

Silvercup West Studios

Location: Long Island City, NY

SPR represents Silvercup West Studios--Terra Cotta LLC with respect to the proposed Silvercup West mixed-use development south of the Queensboro Bridge on the East River in Long Island City. This representation has included advice with respect to the preparation of an environmental impact statement (“EIS”) for the rezoning of the site and ULURP, obtaining NYSDEC and Army Corps of Engineers (“ACOE”) waterfront permits, and application to and participation in the BCP, which culminated in the NYSDEC’s issuance of a COC for the site in 2017.  The firm has also represented this client with regard to the development of a new studio in the Bronx, called Silvercup North, as well as a series of other developments in the City.

Kingsboro Psychiatric Center

Location: Brooklyn, NY

SPR represents Empire State Development in the proposed redevelopment of a former portion of the Kingsboro Psychiatric Center. The project will include approximately 1000 units of affordable and supportive housing, two new state of the art homeless shelters (replacing existing shelters on the site), a new public open space, and community facility uses. SPR is advising ESD with respect to the preparation of an environmental impact statement for the project.

Brooklyn Developmental Center

Location: Brooklyn, NY

SPR has served as environmental counsel to Empire State Development (ESD) with respect to the ongoing redevelopment of the Brooklyn Developmental Center with 100% affordable housing, including supportive housing, community facility and commercial uses, and substantial open space. This redevelopment has involved two primary phases with two environmental impact statements.  The Firm has advised ESD in the preparation of both EISs as well as in the preparation of transactional documents.

Port Authority of NY & New Jersey – Bus Terminal

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.

“Navigating PFAS Regulations and Superfund Designations”

For: PW Grosser Consulting's Environmental Echo Podcast

November 2024 | Podcast Guest Elizabeth Knauer

“Wetlands Regulations: Considerations for Project Developers”

For: Lexis Practice Advisor Practice Note

December 2018 | Written by Elizabeth Knauer and Mark Chertok

“Environmental Impact Review in New York”

For: Michael Gerrard, ed.; Matthew Bender, pub, Chapter 8A

2017 | Written by Elizabeth Knauer and Mark Chertok

“Soil Vapor Intrusion in the Workplace”

For: New York Law Journal

July 16, 2007 | Written by Elizabeth Knauer (and Steven C. Russo)

“Defending Citizen Suits”

For: 47 Chemical Waste Litigation Reporter 708;

April, 2004 | Written by Daniel Riesel, Elizabeth Knauer (and Steven C. Russo)

“Defense Perspectives on Environmental Citizen Suits”

For: X Widener L. Rev. 395

2004 | Written by Elizabeth Knauer (and Steven C. Russo)

“Litigating the Administrative Law Case”

For: 22 EPA Admin. L. Reporter 175

August, 2003 | Written by Daniel Riesel and Elizabeth Knauer

“Views Vary on Environmental Justice – Communities Try to Use Federal Laws to Keep Out Polluting Facilities”

For: New York Law Journal

December 17, 2001 | Written by Elizabeth Knauer (and Steven C. Russo)

PFAS Environmental Regulatory Developments (So Far) in 2024

2024 has already been a banner year for the regulation of per- and polyfluoroalkyl substances (PFAS) at the federal level; unsurprisingly, these efforts are eliciting legal challenges from regulated entities.

CERCLA

On April 19, 2024, the EPA issued a Read More

Challenge to Rye City Planning Commission Approval of Wainwright House’s Special Permit Dismissed

On November 9, 2023, Acting Justice Robert J. Prisco of the New York State Supreme Court, Westchester County, dismissed an Article 78 petition brought by neighbors of the Wainwright House in Rye, New ...

Recent Developments in PFAS Regulation

The regulation of per- and poly-fluoroalkyl substances (PFAS) continues to rapidly evolve at the New York State and federal levels. As further detailed in SPR’s prior blog post on this issue, PFAS are a family of chemical compounds with unique properties allowing ...

Waters in Flux: EPA and Army Corps Revise the Definition of “Waters of the United States”

On January 18, 2023, the EPA and Army Corps of Engineers (Army Corps) published a new final rule revising the definition of “waters of the United States” (the Rule) found in regulations implementing the Clean Water Act (CWA or the Act). The ...

Challenge to Landmarks Preservation Commission Approval of Brooklyn Development Dismissed

On January 12, 2023, Justice Ingrid Joseph, New York State Supreme Court, Kings County, dismissed a petition seeking to halt a residential development in Crown Heights, Brooklyn. In Sterling Place BK-NY Block Association Inc., et al. v. City of New York, et al. (Kings County Index No. 510458/2022), petitioners—neighbors of ...

PFAS Litigation Update: Court Denies Summary Judgment to AFFF Manufacturers

On September 16, 2022, Judge Richard M. Gergel of the U.S. District Court of South Carolina denied aqueous film forming foams (AFFF) manufacturers’ motion for summary judgment based on the government contractor indemnity defense in a multi-district litigation (MDL) currently pending against 3M Company, Tyco Fire Products LP, Chemguard Inc., National ...

Harvard Law School, J.D., 1999, Cum Laude

Fordham University, B.A., 1996, Summa Cum Laude

New York, 2000

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

U.S. Court of Appeals for the Second Circuit

New York City Environmental Control Board Water Specialist, 2011-present