Permitting and Litigation for Government-Sponsored Developments
New York Moves Closer to Offshore Wind Energy Procurement
On July 12, 2018, the New York State Public Service Commission (“PSC”) issued an Order directing the New York State Energy Research and Development Authority (“NYSERDA”) to begin soliciting bids for approximately 800 MW of offshore wind capacity in the fourth quarter of 2018, taking the State closer to Governor Andrew M. Cuomo’s goal of…
New York Supreme Court Dismisses Challenge to CEQR Technical Manual and Bedford Union Armory Redevelopment
In a decision dated July 11, 2018, Hon. Carmen Victoria St. George of the New York Supreme Court, New York County, dismissed in its entirety litigation challenging the legality of the City Environmental Quality Review (“CEQR”) Technical Manual and the environmental review of the Bedford Union Armory Redevelopment project (the “Project”).[1] The CEQR Technical Manual,…
Emerging Contaminants Update: New Federal Report Highlights PFAS Risks as New York State Court Certifies Class Action for PFAS Groundwater Contamination
By Jonathan Kalmuss-Katz For decades, per- and polyfluoroalkyl substances (“PFAS”) have been widely used in industrial processes and consumer products, including non-stick cookware, strain resistant fabrics, and firefighting foams. PFAS have emerged as a focus of regulatory concern only in recent years, however, as new studies have detected PFAS in groundwater and drinking water supplies…
DEC Releases Flood Risk Management Guidance Affecting the Flood Hazard Area Applied to State Permit Applications
On June 20, 2018, the New York State Department of Environmental Conservation (“DEC”) released two draft flood risk management guidance documents intended to advise New York state agencies on how to incorporate the consideration of future climate risks, including risks of sea-level rise, storm surge, and flooding, into existing regulatory processes. The non-binding guidance is…
NYSDEC Adopts Amended State Environmental Quality Review Act Regulations
By: Nathaniel Eisen On June 27, the New York State Department of Environmental Conservation (“NYSDEC”) adopted the first major revisions to its regulations implementing the State Environmental Quality Review Act (“SEQRA”) in over 20 years. The amendments, which are the culmination of more than six years of outreach, drafting, and revisions, will take effect January…
Federal Agencies Begin Rulemaking to Weaken Fuel Economy Standards
By: Nathaniel Eisen As one of numerous attempts by the Trump Administration to roll back Obama-era rules, in the coming weeks, the Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA) are expected to announce a proposed rule that would weaken the agencies’ 2012 national standards for vehicular greenhouse gas emissions and fuel…
White House Invites Public Comment on Possible Changes to NEPA Procedures
By: Eric Stern On June 20, 2018, the Council on Environmental Quality (“CEQ”) published a (the “Notice”) that it is considering updates to the regulations governing environmental review under the National Environmental Policy Act (“NEPA”). The Notice does not propose any specific changes. Rather, it broadly solicits comments from the public on “potential revisions to…
New York Denies Water Quality Permit for Another Natural Gas Pipeline
In late April, the New York State Department of Environmental Conservation (“NYSDEC”) denied a Water Quality Certification (“WQC”) under the Clean Water Act to Transcontinental Gas Pipeline Company (“Transco”) for the proposed Northeast Supply Enhancement natural gas pipeline (the “Project”). Among other components, the Project would include a 17.4 mile underwater pipeline with a diameter…
Recent Accolades: Who’s Who Legal Names SPR “Environment Firm of the Year” and Chambers & Partners Awards SPR Top Ranking for New York Environmental Law Firms
Who’s Who Legal awarded Sive, Paget & Riesel (“SPR”) the “Environment Firm of the Year Award” in recognition of the exceptional caliber of the firm’s work. SPR was selected based on the nominations made by clients and fellow professionals, as well as the number of SPR attorneys featured in Who’s Who Legal on an individual…
New York City Proposes First Stormwater Management Program Regulating Construction Runoff
For the first time, the City of New York has proposed a Stormwater Management Program (SWMP) to describe how the City will satisfy the requirements of its SPDES Municipal Separate Storm Sewer System (MS4) Permit. This means that, as soon as this fall, certain large construction projects in the City will need City Department of…