Permitting and Litigation for Private Commercial Developments

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…

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Federal Agencies Commit to Streamlining Environmental Reviews for Major Infrastructure Projects

On April 9, 2018, the heads of 12 federal agencies signed a memorandum of understanding (“MOU”) that aims to streamline and shorten federal environmental and permitting reviews for major infrastructure projects.  The MOU implements President Trump’s One Federal Decision (“OFD”) policy established in Executive Order 13807 (“EO 13807”), signed on August 15, 2017 and described…

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Trump White House Infrastructure Plan Includes Proposals to Streamline Permitting Processes

Last month, the White House released its “Legislative Outline for Rebuilding Infrastructure in America” (the “Infrastructure Plan” or “Plan”), which contains a wide range of proposals for facilitating the construction of infrastructure projects. In addition to financial incentives and investment programs, the Infrastructure Plan proposes a series of changes in federal permitting and environmental review…

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Second Circuit Affirms Dismissal of Bethpage Water District Claims Against Northrop Grumman

On March 3, 2018, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal on summary judgment, as time-barred, of claims brought by the Bethpage Water District (“BWD”) against Northrop Grumman Corporation for the alleged contamination of its drinking water supply.  Northrop Grumman was represented by SPR attorneys Mark A. Chertok, Elizabeth Knauer,…

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New NYSDEC Multi-Sector General Permit for Stormwater Discharges from Industrial Activity Takes Effect

The New York State Department of Environmental Conservation (NYSDEC) has finalized the State Pollutant Discharge Elimination System (SPDES) Multi-Sector General Permit for Stormwater Discharges from Industrial Activity (MSGP), which will take effect on March 1, 2018. Coverage under the MSGP may be obtained by applicants whose facilities conduct any of the industrial activities listed in…

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Are Indirect Discharges from Groundwater to “Waters of the United States” Regulated Under the Clean Water Act? Hawai’i Wildlife Fund v. County of Maui

In Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018), the U.S. Court of Appeals for the Ninth Circuit affirmed a district court ruling that  the County’s injection wells are “point sources” from which the County discharged pollutants in the form of treated effluent into groundwater, through which the pollutants…

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WOTUS Rule Litigation Abounds — New York State and Others Sue EPA and Army Corps over Delayed Implementation of Obama-Era WOTUS Rule

On February 6, 2018, New York State filed suit against the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (together, “the agencies”) for the suspension of a 2015 regulation seeking to clarify the definition of “waters of the United States” under the Clean Water Act (“CWA”), dubbed the “Clean Water Rule”…

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New York Court Denies Challenge to Affordable and Market-Rate Residential Development Bordering Brooklyn Bridge Park

By: Jonathan Kalmuss-Katz On February 15, 2018, a New York State Supreme Court Justice dismissed a challenge to the development of two residential buildings upland from Pier 6 in Brooklyn Bridge Park (the “Pier 6 Development”), affirming the Brooklyn Bridge Park Corporation’s (“BBP”) approval of a project that will generate necessary revenues for the Park’s…

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Reviving a Clean Energy Agenda, New Jersey Sets an Ambitious Wind Energy Goal

On January 31, 2018, New Jersey Governor Phil Murphy signed an executive order setting the state on track to develop 3,500 megawatts (“MW”) of offshore wind power by 2030. This target is among the most ambitious in the country and has the potential to power 1.5 million homes.  This order follows New York’s recent issuance…

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Daniel Riesel and Pamela Esterman to Chair Upcoming Environmental Law Conference

On February 9-10, 2018, SPR principals Daniel Riesel and Pamela Esterman will co-chair the 48th annual ALI CLE Environmental Law Course in Washington, DC. The course, which is co-sponsored by ALI CLE and the Environmental Law Institute, will feature advanced-level presentations by senior public officials, distinguished law professors, seasoned private practitioners, and experienced public interest…

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