Municipal Law
NYC Council Vote Is Imminent On the City of Yes for Housing Opportunity Zoning Reform
In early December 2024, the New York City Council is expected to hold a final vote on a comprehensive zoning reform proposal entitled the City of Yes for Housing Opportunity (COYHO). COYHO is designed to alleviate New York City’s housing shortage and historically low vacancy rate by significantly amending the zoning code to facilitate housing…
Two Federal Cases Have Potential to Affect Implementation of NEPA
A recent decision by the D.C. Circuit and a case pending before the U.S. Supreme Court have the potential to significantly affect implementation of the National Environmental Policy Act (NEPA), which requires federal agencies to consider the environmental impacts of major actions. Marin Audubon Society v. Federal Aviation Administration On Tuesday, a three-judge panel of…
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….