Location: Maspeth, NY

SPR represents the purchaser of this one-time copper smelter property and listed Class-2 Inactive Hazardous Waste Site who is redeveloping its approximately 39-acres for commercial and light industrial use. Working closely with the prior owner, the developer and the regulators, SPR helped secure the Record of Decision and other regulatory approvals that have cleaned up this long-contaminated waterfront parcel and brought much needed development and jobs to this area after years of decline.

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.

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.

Location: Queens, NY

Sive, Paget & Riesel represents the Muss Development Corporation with respect to the development of SkyViewParc, a mixed-use development located on the former Flushing Industrial Park site. SPR assisted with all aspects of the client's application to the New York State Brownfield Cleanup Program, including preparation of the initial application, revisions, submission of reports and all other aspects of the State-supervised cleanup of the property. SPR has also assisted the developer in seeking cost recovery from the former owner of the property responsible for the contamination.

Location: Westchester County, NY

Sive, Paget & Riesel represented the New York State Thruway Authority, which together with the Metro North Railroad, a subsidiary of the Metropolitan Transportation Authority, undertook the Tappan Zee Bridge/I287 Corridor environmental review. This process addressed the possible replacement of the Tappan Zee Bridge. The Firm advised the Project Sponsors with regard to the environmental review of the proposal pursuant to both NEPA and SEQRA, as well as to environmental permitting and related requirements.

Location: Brooklyn, NY

The firm represents The Refinery, LLC, the developer of the former Domino Sugar facility on the East River in Brooklyn, with regard to waterfront permitting. The proposed development involves construction of new buildings that will include up to 120,000 gross square feet (gsf) of retail/commercial space, up to 100,000 gsf of community facility use, and up to 2,400 residential units (2.64 million gsf). Thirty percent of the units will be offered as affordable housing. In addition, the project includes development of approximately 4.1 acres of public open space including an approximately 1-acre lawn at the center of the site and a waterfront esplanade along the East River.

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.

Location: Brooklyn, NY

The firm helped complete federal and state tidal wetlands permitting and the State Environmental Quality Review Act natural resources and hazardous material review, and obtained United State Environmental Protection Agency sign-off and State Brownfield Cleanup Program Certificate of Completion for the new Whole Foods site on 3rd Street and 3rd Avenue.

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.

Location: Sleepy Hollow, NY

SPR represents Lighthouse Landing Communities LLC, the developer of the former General Motors Assembly site in Sleepy Hollow. The Edge-on-Hudson development is a mixed-use project, including residential, commercial and open space uses on a 97-acre site former industrial property bordering the Hudson River. The Firm has advised the project with respect to acquisition of the land from General Motors and its participation in the Brownfield Cleanup Program through investigation and remediation of this former industrial site. In addition to the Brownfield work SPR also assisted with environmental permitting issues, especially those pertinent to shoreline development, as well as preparation of an Environmental Impact Statement.

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: 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.

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.

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.

SPR served as counsel to the consulting firm responsible for preparing the EIS for the initial proposal by The Port Authority of New York and New Jersey to construct a new bridge across the Arthur Kill, between Staten Island and New Jersey, paralleling the Goethals Bridge. Our work included the review of the proposed EIS and related issues related to transportation impacts, numerous transportation alternatives and a variety of permitting issues.  The Firm represented the Port Authority with respect to the revised proposal, including advising on the updated EIS, issues under Section 4(f) of the Transportation Act, and hazardous waste remediation.

Location: Port Chester, NY

SPR is special counsel for the Village Board of Trustees of Port Chester in Westchester County, which is lead agency under SEQRA for the proposed redevelopment of the 15-acre former United Hospital site. The project is a large-scale mixed-use development, including residential, commercial, independent and assisted living facilities, and recreational uses. The Firm assisted the Village in the review of the EIS for an initial project and subsequent revisions to the project, the preparation of SEQRA Findings, and site plan and subdivision approval.

Location: New York and New Jersey

SPR served as special environmental counsel to the Port Authority of NY and NJ with regard to the environmental impact review under NEPA of a proposed AirTrain to LaGuardia Airport.  The NEPA process included extensive issues under Section 106 of the National Historic Preservation Act with respect to historic resources, as well as permitting issues under the federal Clean Water Act and NYSDEC wetlands regulations.

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: Cape Cod, Massachusetts

SPR performed due diligence on behalf of a potential investor in the proposed Cape Wind offshore wind farm, located off Cape Cod, Massachusetts. The work involved review of the project EIS and analysis of permitting requirements under the Outer Continental Shelf Lands Act, Clean Water Act, Clean Air Act, Rivers and Harbors Act, Migratory Bird Treaty Act, and Endangered Species Acts.

Location: Brooklyn, NY

SPR represents the developer of this 27-acre Brooklyn site fronting on the junction of the East River and Newtown Creek for mixed-use. A portion of the project has already been developed with affordable housing; when complete, the project will include extensive affordable housing, a school, retail and open space, with a new waterfront esplanade. The Firm assisted in the due diligence conducted prior to acquisition of the site, and represented the developer in obtaining NYSDEC tidal wetlands and protections of water permits and a water quality certificate, as well as an individual ACOE permit for the rehabilitation of the shoreline and the construction of a ferry terminal and new pier. The Firm also represents the developer with respect to the Brownfield Cleanup Program for a portion of the site, and the City OER for other portions of the site.

Location: Sag Harbor, NY

SPR represented Sag Development Partners in connection with the redevelopment Sag Harbor's historic Watch Case Factory into residential condominiums. The Firm represented the developer with respect to the environmental review, land use approvals, regulatory sign-offs, and negotiations with NYSDEC and the former property owner concerning hazardous substances remediation and environmental site management.