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Clean Water Act Update: The Latest Twists and Turns on the Path to Defining the Statute’s Jurisdiction
Debates over the reach of the Clean Water Act (“CWA”) have been ongoing for decades. At stake is whether a discharge of a pollutant from a point source to a “navigable water,” defined as “waters of the United States” (“WOTUS”), requires the discharger to obtain a National Pollutant Discharge Elimination System (“NPDES”) permit. The first…
Read MoreNEPA Review of Pipeline Project Upheld by D.C. Circuit – With Asterisk
On June 4, the D.C. Circuit issued a decision in Birckhead, et al. v. FERC, in which the petitioners challenged the Federal Energy Regulatory Commission’s (“FERC”) environmental review of a natural gas pipeline project.[1] Although the court ultimately rejected the challenge, the court suggested in dicta that FERC should do more to obtain information on…
Read MoreEPA Issues New Management Standards for Hazardous Waste Pharmaceuticals
Earlier this year, the U.S. Environmental Protection Agency promulgated new management standards for generators of hazardous waste pharmaceuticals pursuant to the Resource Conservation and Recovery Act (RCRA). These new streamlined requirements for the accumulation, storage, and ultimate disposal of pharmaceuticals that are subject to RCRA, are meant to provide clarity and consistency regarding how generators…
Read MoreAppellate Division Confirms That Brooklyn Heights Library Redevelopment May Proceed
On May 8, 2019, the Appellate Division, Second Department unanimously affirmed a lower court ruling dismissing a petition challenging the sale and redevelopment of the Brooklyn Public Library’s (“BPL”) Brooklyn Heights Branch. This ruling clears the way for a proposal by the developer Cadman Associates LLC (an affiliate of The Hudson Companies) to construct a…
Read MoreMayor de Blasio Announces Suite of Historic Buildings Emissions Reduction Laws
To commemorate Earth Day on April 22, 2019, New York City Mayor Bill de Blasio announced a groundbreaking suite of laws enacted by the New York City Council to require and facilitate the reduction of greenhouse gas emissions from a significant number of buildings in NYC. Taken together, the laws represent the most ambitious carbon…
Read MoreAppellate Division Affirms Dismissal of Challenge to the American Museum of Natural History’s Gilder Center Project
In a decision dated April 18, 2019, the Appellate Division, First Department unanimously and emphatically affirmed a lower court ruling dismissing the lawsuit challenging the legality of the American Museum of Natural History’s Richard Gilder Center for Science, Education, and Innovation. The Gilder Center will, inter alia, expand and modernize the Museum’s educational facilities, create…
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