Brownfields Redevelopment

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 York. The petitioners had sought to annul the special permit renewal issued by the City of Rye Planning Commission (CPC) in 2021,…

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NYSDEC Publishes Proposed Guidance Incorporating Environmental Justice Considerations into Existing Permit Processes

On September 27, 2023, the New York State Department of Environmental Conservation (NYSDEC) published a draft policy aimed at implementing Section 7(3) of the Climate Leadership and Community Protection Act (CLCPA), which seeks to prevent disadvantaged communities from being disproportionately affected by greenhouse gas (GHG) or co-pollutant emissions. The draft policy lays out a procedure…

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2023 Update on Federal and New York City Lead-Based Paint Laws

This year has seen notable changes and clarifications to Federal and New York City lead-based paint standards for residential properties. These provisions relate to lead paint investigations, testing, remediation, and penalties that may impact compliance planning for building owners and managers. Because these legal changes were adopted after SPR’s May 4, 2023 webinar on the…

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EPA Publishes Proposed Rule Banning TCE

On October 31, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule to ban all manufacturing and use of trichloroethylene (TCE) under Section 6(a) of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2605(a)). TCE is a highly toxic and carcinogenic chemical that has historically been used in numerous industrial, commercial and consumer applications,…

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New York Supreme Court Dismisses Challenge to Local Law 97

On October 30, 2023, the New York Supreme Court, New York County dismissed a significant legal challenge to New York City’s building emissions law, Local Law 97 of 2019. The decision provides clarity to the NYC real estate community that Local Law 97 is valid, enforceable, and constitutional. The law’s greenhouse gas (GHG) emissions caps…

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Biden Administration Proposes “Phase 2” Revisions to NEPA Regulations

On July 31, 2023, the Council on Environmental Quality (CEQ) published a Notice of Proposed Rulemaking (NPRM) for its second phase of revisions to the 2020 National Environmental Policy Act (NEPA) amendments. As a brief primer, NEPA imposes procedural requirements on all federal agencies to consider the effect of a project or action on the…

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New Proposed Local Law 97 Regulations Include Penalty Mitigation, Electrification, and Enforcement Provisions

On September 12, 2023, the New York City Department of Buildings (DOB) issued proposed regulations to implement Local Law 97 of 2019 (LL97). LL97 requires most large buildings in NYC to meet increasingly stringent greenhouse gas (GHG) emissions limits starting in 2024. The proposed regulations establish penalty mitigation pathways, create incentives for electrification, and clarify…

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Rooftop Solar Systems Required by NYC Local Laws May Qualify for IRA’s Renewable Energy Tax Credits

New York City local law requires new roofs (with some exceptions) to install a solar photovoltaic (PV) electricity generating and/or green roof system. While these requirements became effective in 2019, given the pace of construction in New York City, many of the roofs covered by the law have only recently been, or will soon be,…

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EPA Broadens Efforts to Address PFAS Contamination in Water Bodies

The Environmental Protection Agency (EPA)’s efforts to address contamination by per- and poly-fluoroalkyl substances (PFAS) continue to rapidly evolve. Although federal efforts were initially focused on PFAS in drinking water, EPA has recently begun to address PFAS in a wider variety of sources, including wastewater and stormwater. In April of this year, EPA brought its…

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DEC Publishes Final Revisions to Solid Waste Management Regulations

Almost five years after publishing the first substantial revisions to its solid waste management regulations, the New York State Department of Environmental Conservation (DEC) published a new set of final revisions to the regulations, which became effective on July 22, 2023. DEC’s solid waste management regulations (the Part 360 Regulations) govern the management of solid…

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