Environmental Impact Review/Permitting

NYC Local Law 97 Remains In Effect After Appellate Decision In Glen Oaks Case

On May 16, 2024, the New York Appellate Division, First Department, reversed in part the trial court decision that dismissed the challenge to New York City’s building emissions law, Local Law 97. The case is Glen Oaks Village Owner, Inc., et al. v. City of New York, et al. (App. Div. No. 2024-00134, Sup. Ct….

Read More...

New York State FY 2025 Budget Includes Significant Housing & Environmental Programs

On April 20, 2024, the New York State Legislature enacted the long-awaited $237 billion budget for Fiscal Year 2025 (the FY 2025 Budget). Housing reform is the centerpiece of the FY 2025 Budget, given the bipartisan nature of the on-going housing affordability and vacancy crisis—especially in New York City. Last year’s FY 2024 Budget notably…

Read More...

Proposed Changes to Part 375 Remedial Program Regulations: Implications for Real Estate Developers and their Financing Institutions

On February 14, 2024, NYSDEC (the Department) issued a Notice of Proposed Rulemaking for amendments to its regulations at 6 NYCRR Part 375 (Part 375), which govern New York State remedial programs, including the Inactive Hazardous Waste Disposal Site Program (State Superfund), the Brownfield Cleanup Program (BCP), and the Environmental Restoration Program. The public can…

Read More...

U.S. EPA Finalizes Rule Requiring Facility Response Plans for Hazardous Substance Discharges

On March 28, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule requiring  certain onshore facilities to prepare Facility Response Plans (FRPs) for the worst-case discharges of Clean Water Act (CWA) hazardous substances. FRPs are due to EPA by June 1, 2027, or prior to the start of operations for facilities constructed after…

Read More...

Inflation Reduction Act: Recent Guidance and the Path Forward in 2024

On February 20 and February 21, 2024, the Internal Revenue Service (IRS) and the Department of the Treasury (Treasury) held a public hearing on proposed regulations concerning the definition of energy property and rules applicable to obtaining tax credits pursuant to the Inflation Reduction Act of 2022 (IRA). The IRA allows taxpayers to deduct a…

Read More...

NYSDEC Seeks Input on Regulations Implementing Major Expansion of State’s Freshwater Wetlands Jurisdiction

On January 3, 2024, NYSDEC announced an Advanced Notice of Proposed Rule Making  for potential revisions to its freshwater wetlands regulations, accompanied by a complete pre-proposal draft of revised 6 NYCRR Part 664 regulations. NYSDEC is accepting public comments on its draft regulations through February 20, 2024. Background: 2022 Statutory Changes to the Freshwater Wetlands…

Read More...

Vineyard Wind 1 Comes Online; Still Faces Lawsuits

On January 2, 2024, the Vineyard Wind 1 project started producing power for the United States grid, becoming the second commercial-scale offshore wind project to do so after South Fork Wind came online in December 2023. This significant milestone comes as the U.S. Court of Appeals for the First Circuit considers appeals in several lawsuits…

Read More...

Covered New Jersey Buildings Must Meet New Benchmarking Requirement By December 31

December 31, 2023 marks the final deadline for compliance with the first year of New Jersey’s building energy and water benchmarking law. The New Jersey Board of Public Utilities (NJBPU) issued an order in compliance with the New Jersey Clean Energy Act of 2018 requiring the owners and operators of commercial and certain multi-family residential…

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

Read More...

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…

Read More...