Litigation
NYS Department of Environmental Conservation Issues Draft Disadvantaged Communities Criteria
On March 9, 2022, the New York State Department of Environmental Conservation (DEC or the Department) issued draft criteria developed by the Department’s Climate Justice Working Group (CJWG or Working Group) for identifying disadvantaged communities in New York State. The CJWG was established under the Climate Leadership and Community Protection Act of 2019 (CLCPA) and…
NYS Department of Environmental Conservation Proposes Revisions to Part 375 Remedial Programs
On December 22, 2021, the New York State Department of Environmental Conservation (DEC) issued a Notice of Proposed Rulemaking to amend the Environmental Remediation Program regulations at 6 NYCRR Part 375. The notice states that the proposed amendments are designed to implement the 2015 statutory amendments to the brownfield cleanup program (BCP); enhance requirements pertaining…
New York continues nation-leading progress in offshore wind in 2022
As 2022 kicks off, New York is already building on its leadership in development of offshore wind capacity, with nation-leading investments, new lease areas, and permit approvals. On January 5, as part of the State of the State, Governor Kathy Hochul announced a plan to invest $500 million in offshore wind manufacturing, ports, and…
New York Climate Action Council Releases CLCPA Draft Scoping Plan
On December 30, 2021, the New York State Climate Action Council released the Draft Scoping Plan for the Climate Leadership and Community Protection Act (Draft Scoping Plan) for public review and comment. The Draft Scoping Plan recommends policies and actions to help New York meet the ambitious climate goals articulated in the Climate Leadership and…
NYC’s Natural Gas Ban Intends to Speed Up Building Electrification
In the waning days of its 2021 legislative session, the New York City Council passed a new law limiting the use of carbon intensive fuels in future building construction. Passed by the City Council on December 15 and signed by outgoing Mayor Bill De Blasio on December 22, Local Law 154 seeks to address the…
NYS Department of Environmental Conservation Issues CLCPA Compliance Guidance
On December 8, 2021, the New York State Department of Environmental Conservation (DEC or the Department) issued two policies that incorporate climate change considerations into Departmental decision making and ensure compliance with the Climate Leadership and Community Protection Act of 2019 (CLCPA). As previously covered by the SPR Blog, the CLCPA requires DEC to establish…
ASTM Publishes New Phase I Environmental Site Assessment Standard
In November 2021, ASTM International published the new Phase I environmental site assessment standard, denominated E1527-21, to replace to prior E1527-13 standard that has been in use for the past eight years. The new standard provides clarity and guidance on the best practices for preparing Phase I reports, which identify environmental conditions on properties…
Local Law 97 Carbon Trading Feasibility Study Published
The carbon trading feasibility study required by NYC Local Law 97 of 2019 (Local Law 97) has been published by NYU’s Guarini Center on Environmental, Energy & Land Use Law, in consultation with the New York City Mayor’s Office of Climate & Sustainability, among others. Local Law 97 requires that most buildings in NYC…
City Issues New Local Law 97 Affordable Housing Guidance
New York City issued new guidance on compliance with Local Law 97 of 2019 (Local Law 97), as amended, for affordable housing and extended the compliance deadline for some types of rent regulated buildings. Local Law 97 requires most buildings over 25,000 square feet to meet progressively stringent greenhouse gas emissions (GHG) limits or to…
Zoning and SEQRA Challenges to Large Scale Development Project Dismissed for Lack of Standing
On November 4, 2021, Justice St. George of the New York State Supreme Court issued two identical decisions denying standing to the Long Island Pine Barrens Society, the Group for the East End, a NYS Assembly member, and various property owners who had collectively commenced a pair of proceedings challenging the approval of a residential…