Brownfields Redevelopment
Round Up of New York Climate Litigation in 2025
As we approach the close of 2025, one key takeaway is that this year has been an especially active one for climate litigation in New York. On October 24, 2025, the New York Supreme Court granted the petition in Citizen Action of New York et al. v. New York State Dept. of Environmental Conservation (No….
NYCDOB Issues Two New Energy Storage System Rules
The New York City Department of Buildings (NYCDOB) recently adopted two new rules mandating the safe design, installation, operation and maintenance, and decommissioning of energy storage systems (ESS), including indoor systems that were not previously regulated by the NYC Fire Department (FDNY). This SPR Blog post presents key highlights from the new NYCDOB rules, which…
PFAS Developments: CERCLA Designations Stay Intact for Now, Rollbacks Under SDWA
The regulation of per- and polyfluoroalkyl substances (PFAS) continues to evolve under the Trump administration, with the EPA making three important announcements last month. The agency intends to keep the existing hazardous substance designations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for PFOA and PFOS, but is seeking to modify PFAS regulations…
U.S. Supreme Court Narrows Scope of Federal Agency Review Under NEPA
On May 29, 2025, the U.S. Supreme Court issued a unanimous decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, reversing a D.C. Circuit ruling that vacated federal approval for the Uinta Basin Railway in Utah. The Court held that the National Environmental Policy Act (NEPA) does not require federal agencies to evaluate the…
The Current State of Electric Vehicle Incentives in New York and Beyond
Electric vehicles (EVs) have enjoyed increasing popularity in recent years as an alternative to the U.S.’s overwhelmingly fossil fuel-based transportation sector. A robust ecosystem of incentives from public and private entities alike has emerged to facilitate this shift, presenting significant economic benefits for developers of EV infrastructure. This article provides an overview of major existing…
Managing Lender Liability: A Historical Overview and Practice Commentary for Moving Forward
CERCLA’s strict liability for environmental cleanup costs on owners or operators of contaminated sites contains limited defenses and exceptions. One such exception is the “safe harbor” that shields lenders from liability provided they do not undertake certain activities with respect to the site. But the applicability of this “safe harbor” is not altogether straightforward, and…
PFAS Legal and Regulatory Updates
The regulation of per- and polyfluoroalkyl substances (PFAS) has continued to evolve at the federal and state levels in recent months under the Trump administration. EPA announced in April 2025 a bundle of planned actions to combat PFAS contamination, although the agency’s proposed actions since that announcement would actually roll back some Biden-era PFAS regulations…
Legal Challenges to NYSDEC’s New Freshwater Wetlands Regulations – Four Lawsuits to Watch
At least four separate lawsuits were filed in April 2025 challenging the legality of New York’s Freshwater Wetlands Act and its recently amended implementing regulations. Broadly, the lawsuits seek to annul the 2022 statutory amendments and 2025 regulations and enjoin the New York State Department of Environmental Conservation (NYSDEC) from implementing the new wetlands regulations….
NYSDEC Proposes Several New Freshwater Wetlands General Permits
On February 5, 2025, the New York State Department of Environmental Conservation proposed to issue five new statewide general permits and to modify three existing general permits previously issued under the Freshwater Wetlands Act. The five newly proposed general permits include: Community-Scale Solar Energy Installations (GP-0-25-004) Electric Utility Right of Way (ROW) Maintenance and Repair…
Trump Administration Rescinds CEQ’s NEPA Regulations and Issues Guidance to Agencies
On February 25, 2025, the White House Council on Environmental Quality (CEQ) published in the Federal Register an interim final rule proposing to rescind its regulations implementing the National Environmental Policy Act (NEPA), a 1969 statute that requires all federal agencies to consider the environmental effects of their projects or actions. A week earlier, CEQ…