Permitting and Litigation for Government-Sponsored Developments
Recent Developments in U.S. Offshore Wind
On February 2, 2026, Sunrise Wind became the fifth and final U.S. offshore wind project affected by the Department of the Interior’s (DOI’s) December 22 leasing pause to secure a federal court order allowing construction to resume. All five court orders – which have been issued in the last four weeks – included preliminary injunctions…
NY Public Service Commission Adopts Interconnection Queue Management Framework in Light of New ITC Deadlines
With new deadlines imposed by the federal government on renewable energy projects’ eligibility for certain federal investment tax credits (ITC), the State of New York Public Service Commission (PSC) has adopted new rules requiring utilities to prioritize the interconnection of tax credit-eligible distributed energy resource projects in the State through management of interconnection queues and…
New NYC Regulation Allows Building Owners to Contest Certain Lead-Based Paint Violations
Pursuant to a new regulation effective February 2, 2026, building owners and managers subject to New York City’s lead-based paint (LBP) requirements can now use paint chip samples to challenge certain violations issued by the NYC Department of Housing Preservation and Development (HPD). The regulation amends Title 28, Chapter 11 of the Rules of the…
Thank You For Following SPR’s Blog In 2025!
This has been a year of significant change for environmental law at the federal, state, and local level—from NYSDEC’s revised freshwater wetlands regulations and associated legal challenges, changes to NEPA review, and updates to PFAS regulation, to shifts in electric vehicle incentives, climate litigation in New York, NYCDOB’s new energy storage system rules, and more. This year, we were also thrilled to share the launch of SPR’s new podcast, SPRingBoard, where we’ve gotten to explore an array of…
Federal Agencies Propose New Regulations Defining “Waters of the United States”
On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and Department of the Army (Agencies) published a proposed rule, “Updated Definition of Waters of the United States” (Proposed Rule). If finalized, the rule would implement the Supreme Court’s decision in Sackett v. EPA, discussed in a prior SPR blog post. The Agencies note that the…
NYSDEC Proposes Expanded Green and Sustainable Remediation Policy, Adds New Hurdles to Renewable Energy Development on Remediation Sites
On October 15, 2025, the New York State Department of Environmental Conservation (DEC) Division of Environmental Remediation (DER) proposed revisions to DER-31, a policy guidance document that outlines the requirements and procedures for Green and Sustainable Remediation under all DER remedial programs. The purpose of Green and Sustainable Remediation (GSR) is to “consider all environmental…
Round Up of New York Climate Litigation in 2025
As we approach the close of 2025, one key takeaway is that this year has been an especially active one for climate litigation in New York. On October 24, 2025, the New York Supreme Court granted the petition in Citizen Action of New York et al. v. New York State Dept. of Environmental Conservation (No….
NYCDOB Issues Two New Energy Storage System Rules
The New York City Department of Buildings (NYCDOB) recently adopted two new rules mandating the safe design, installation, operation and maintenance, and decommissioning of energy storage systems (ESS), including indoor systems that were not previously regulated by the NYC Fire Department (FDNY). This SPR Blog post presents key highlights from the new NYCDOB rules, which…
PFAS Developments: CERCLA Designations Stay Intact for Now, Rollbacks Under SDWA
The regulation of per- and polyfluoroalkyl substances (PFAS) continues to evolve under the Trump administration, with the EPA making three important announcements last month. The agency intends to keep the existing hazardous substance designations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for PFOA and PFOS, but is seeking to modify PFAS regulations…
U.S. Supreme Court Narrows Scope of Federal Agency Review Under NEPA
On May 29, 2025, the U.S. Supreme Court issued a unanimous decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, reversing a D.C. Circuit ruling that vacated federal approval for the Uinta Basin Railway in Utah. The Court held that the National Environmental Policy Act (NEPA) does not require federal agencies to evaluate the…