Permitting and Litigation for Government-Sponsored Developments
DEC Publishes Final Revised Solid Waste Management Regulations
After 18 months of public comment and revisions to its solid waste regulations, the New York State Department of Environmental Conservation (“DEC”) has published the finalized version of the regulations, which will take effect on November 4, 2017. DEC’s solid waste management regulations – codified in 6 NYCRR Part 360 – govern the reuse, recycling, transportation, and…
New Executive Order Curbs Environmental Review and Permitting Process for Infrastructure
On August 15th, 2017, President Trump issued an Executive Order intended to hasten the approval of infrastructure projects by streamlining and reducing the duration of the environmental review and permitting process. The Order – which applies to transportation, energy production and transmission, broadband internet, water treatment, and other infrastructure projects – authorizes the White House…
Best Lawyers in America© Commends Seven SPR Attorneys
Seven Sive, Paget & Riesel lawyers have been recognized in the 2018 edition of Best Lawyers in America, a collection of distinguished attorneys in various practice areas who have been nominated for inclusion by their peers. Michael Bogin, Mark Chertok, Jeffrey Gracer, Elizabeth Knauer, David Paget, Daniel Riesel, and Kathy Robb are recognized for the…
Empire State Development Sells Former Arthur Kill Correctional Facility for Redevelopment as Film Studio
On August 7, 2017, Empire State Development (ESD) consummated the sale of State-owned surplus property on Staten Island formerly housing the Arthur Kill Correctional Facility to Broadway Stages, an owner and operator of film and television studios. SPR principal Elizabeth Knauer advised ESD with respect to the environmental review of the project pursuant to the…
State and Local Leaders Fight to Uphold America’s Paris Accord Climate Commitments with “America’s Pledge”
By: Zachary Berliner Last month, former New York City Mayor Michael Bloomberg and California Governor Jerry Brown launched “America’s Pledge,” an initiative which builds on recently-formed partnerships of American states, cities, and businesses committed to upholding the United States’ pledged greenhouse gas (“GHG”) reductions under the Paris climate agreement (including the “We Are Still In”…
Second Circuit Decision Provides States Latitude to Enact Renewable Energy Incentive Programs
On June 28, 2017, in Allco Finance Ltd. v. Klee, the U.S. Court of Appeals for the Second Circuit rejected two related challenges alleging that Connecticut programs pertaining to renewable energy generation violated federal law, bolstering states’ flexibility to craft renewable energy incentive programs. In doing so, the Second Circuit became the first federal court…
Court Dismisses Article 78 Proceeding Against the Village of Tuckahoe
The New York State Supreme Court (Westchester County) has dismissed an Article 78 proceeding that challenged the Village of Tuckahoe Planning Board’s State Environmental Quality Review Act (“SEQRA”) determination and Site Plan Approval, as well as the New York State Department of Environmental Conservation’s (“NYSDEC’s”) selected New York State Brownfield Cleanup Program (“BCP”) remedy for…
U.S. Supreme Court Establishes Multi-Factor Test to Define “Denominator” in Regulatory Takings Cases
On June 23, 2017, the United States Supreme Court in Murr v. Wisconsin announced a new test for defining the proper unit of property whose value is to be measured in determining whether a governmental regulation has gone “too far” and caused a regulatory taking. The majority rejected opposing bright-line tests advocated by the parties…
NY State Legislature Passes Bill to Regulate Petroleum-Carrying Vessels on the Hudson River
By: Zachary Berliner On June 21, the New York State Senate passed by a 61-to-1 vote a bill allowing state authorities to consider environmental impacts in reviewing permit applications for the operation of petroleum-bearing vessels on the Hudson River. It now awaits Governor Andrew Cuomo’s signature after being passed by a similar bipartisan margin in…
EPA and the Corps Launch Effort to Rescind and Replace the 2015 “Clean Water Rule”
Also by: Zachary Berliner On June 27, 2017, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) released a joint proposal to rescind and ultimately replace the Obama administration’s 2015 “Clean Water Rule” (the “Rule”). The Rule defines the extent of federal jurisdiction over “waters of the United States” under…