Litigation
New Proposed Local Law 97 Regulations Include Key Offset, Adjustment, and Cogeneration Provisions
On September 27, 2024, the New York City Department of Buildings (DOB) issued its third proposed rulemaking package 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 a new GHG emissions offset program…
NYSDEC Proposes Updates to Commissioner’s Policy 51 – Soil Cleanup Guidance
For the first time in over a decade, NYSDEC proposes to update Commissioner’s Policy 51 (CP-51), which sets forth the soil cleanup levels for the NYSDEC Division of Environmental Remediation’s remedial programs, including the Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program), Brownfield Cleanup Program (BCP), Voluntary Cleanup Program (VCP), Environmental Restoration Program…
NEPA Phase II Final Rule Goes into Effect, Bringing Climate Change and Environmental Justice to the Forefront
On July 1, 2024, the Council on Environmental Quality’s (CEQ) final rule implementing the revised National Environmental Policy Act (NEPA) Phase II regulations came into effect. This rule represents the culmination of the Biden Administration’s efforts to update and revise the Trump Administration’s 2020 modifications to NEPA. The Phase II rulemaking aimed to rearticulate key…
PFAS Environmental Regulatory Developments (So Far) in 2024
2024 has already been a banner year for the regulation of per- and polyfluoroalkyl substances (PFAS) at the federal level; unsurprisingly, these efforts are eliciting legal challenges from regulated entities. CERCLA On April 19, 2024, the EPA issued a final rule under Section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The…
The Supreme Court Significantly Alters the Landscape for Reviewing and Challenging Federal Agency Action
Within a three-day period at the tail end of its term, the Supreme Court issued two decisions that significantly affect the federal administrative law landscape, and will necessarily influence environmental regulations and enforcement in years to come. Loper Bright Enterprises, et al. v. Raimondo, et al On June 28, 2024, in a decision authored by…
Inflation Reduction Act Guidance: Recent Updates to the Domestic Content and Energy Community Bonus Credits
The Internal Revenue Service (IRS) and the Treasury Department have recently released updated guidance under the Inflation Reduction Act of 2022 (IRA). As covered in a prior SPR Blog Post, the IRA allows taxpayers to deduct a percentage of the cost of eligible renewable energy systems from their federal taxes through an Investment Tax Credit…
Update on New York City and New York State Lead-Based Paint Laws
Numerous changes and clarifications to New York City (NYC) and New York State lead-based paint (LBP) laws for residential properties are coming into effect in 2024 and 2025. These provisions relate to a statewide rental registry for residences constructed before 1980, testing common areas in NYC buildings, and enhanced turnover remediation requirements in NYC. As…
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….
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…
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…