Environmental Review

DEC Proposes Amended Guidance on Brownfield Cleanup Program

By: Heewon Kim DEC recently released a draft revision of its Brownfield Cleanup Program (“BCP”) guidance document, DER-32/Brownfield Cleanup Program Applications and Agreements. This document provides guidance on the BCP application process, as well as the content of and process for executing, amending and terminating a Brownfield Cleanup Agreement (“BCA”). The revisions are intended to…

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Who’s Who Legal Recognizes Jeff Gracer as an Environmental Thought Leader

By: Heewon Kim Sive, Paget & Riesel principal Jeffrey B. Gracer was named as a Who’s Who Legal Thought Leader, a new Who’s Who category established this year. Only those who obtained the highest number of nominations from peers, corporate counsel and other market sources, were chosen as Thought Leaders. They comprise just the top…

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NYC Expands Curbside E-Waste Collection Program for Small Buildings

By: Heewon Kim Earlier this month, New York City announced it will be expanding a pilot curbside e-waste pick-up program into a permanent program in four boroughs. The pilot program started in Staten Island in October 2016, and in six months has already collected over 400,000 pounds of potentially hazardous e-waste that would otherwise have…

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Executive Order Begins the Formidable Process of Dismantling Federal Efforts to Address Climate Change

On March 28, 2017, President Trump signed an Executive Order, titled “Promoting Energy Independence and Economic Growth,” that is designed to roll back several of President Barack Obama’s efforts to address climate change.  While some of the Executive Order’s provisions are self-executing, many will require lengthy administrative procedures to become effective and certainly will face…

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Trump Executive Order Directs EPA and the Corps to Reconsider the 2015 “Clean Water Rule”

On February 28, 2017, the Trump administration issued an Executive Order (the “Order”) directing the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) to begin the process of “revising or revoking” the Obama administration’s 2015 “Clean Water Rule” (the “Rule”) which sought to define the extent of federal jurisdiction over “waters…

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Appellate Court Denies Motion to Enjoin Brooklyn Heights Library Redevelopment

By: Jonathan Kalmuss-Katz On March 7, 2017, the New York State Supreme Court Appellate Division, Second Department, denied a motion to enjoin the redevelopment of the Brooklyn Public Library’s (“BPL”) Brooklyn Heights branch, which will provide a modernized library within a new 36-story, mixed-used building featuring 134 market-rate apartments, two retail spaces, and a science,…

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DEC Adopts Regulation Establishing Sea-Level Rise Projections for New York

The New York State Department of Environmental Conservation (“DEC”) recently announced the final adoption of a regulation establishing science-based sea-level rise projections for New York’s tidal coast. The regulation, which implements the Community Risk and Resiliency Act (“CRRA”) of 2014, was first proposed in late 2015 and was revised in late 2016. The final regulation…

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LIPA Approves Power Purchase Agreement for Nation’s Largest Offshore Wind Farm

By: Ed Roggenkamp On January 25, 2017, the Long Island Power Authority (“LIPA”) voted to approve a power purchase agreement (“PPA”) with Deepwater Wind for the South Fork wind farm, a proposed 90 megawatt (“MW”) offshore wind farm located approximately 30 miles southeast of Montauk. If constructed, the South Fork wind farm would be the…

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NYSDEC Proposes First Major Amendments to State Environmental Quality Review Act Regulations in Over Twenty Years

By: Jonathan Kalmuss-Katz On January 23, 2017, the New York State Department of Environmental Conservation (“NYSDEC”) proposed the most significant changes to its regulations implementing the State Environmental Quality Review Act (“SEQRA”) in more than twenty years.  The proposal aims to streamline the environmental impact review process in New York, particularly for projects that advance…

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Albany Supreme Court Dismisses Challenge to State Permit for Pier 55 in Hudson River Park

In a decision dated January 20, 2017, Hon. Lisa M. Fisher of the New York Supreme Court, Albany County, dismissed in its entirety litigation challenging the legality of the permit that the New York State Department of Environmental Conservation (“DEC”) issued for the Pier 55 project in Hudson River Park.  The project, currently in construction,…

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