Wetlands and Stormwater
NEPA Review of Pipeline Project Upheld by D.C. Circuit – With Asterisk
On June 4, the D.C. Circuit issued a decision in Birckhead, et al. v. FERC, in which the petitioners challenged the Federal Energy Regulatory Commission’s (“FERC”) environmental review of a natural gas pipeline project.[1] Although the court ultimately rejected the challenge, the court suggested in dicta that FERC should do more to obtain information on…
EPA Issues New Management Standards for Hazardous Waste Pharmaceuticals
Earlier this year, the U.S. Environmental Protection Agency promulgated new management standards for generators of hazardous waste pharmaceuticals pursuant to the Resource Conservation and Recovery Act (RCRA). These new streamlined requirements for the accumulation, storage, and ultimate disposal of pharmaceuticals that are subject to RCRA, are meant to provide clarity and consistency regarding how generators…
Appellate Division Confirms That Brooklyn Heights Library Redevelopment May Proceed
On May 8, 2019, the Appellate Division, Second Department unanimously affirmed a lower court ruling dismissing a petition challenging the sale and redevelopment of the Brooklyn Public Library’s (“BPL”) Brooklyn Heights Branch. This ruling clears the way for a proposal by the developer Cadman Associates LLC (an affiliate of The Hudson Companies) to construct a…
Mayor de Blasio Announces Suite of Historic Buildings Emissions Reduction Laws
To commemorate Earth Day on April 22, 2019, New York City Mayor Bill de Blasio announced a groundbreaking suite of laws enacted by the New York City Council to require and facilitate the reduction of greenhouse gas emissions from a significant number of buildings in NYC. Taken together, the laws represent the most ambitious carbon…
Appellate Division Affirms Dismissal of Challenge to the American Museum of Natural History’s Gilder Center Project
In a decision dated April 18, 2019, the Appellate Division, First Department unanimously and emphatically affirmed a lower court ruling dismissing the lawsuit challenging the legality of the American Museum of Natural History’s Richard Gilder Center for Science, Education, and Innovation. The Gilder Center will, inter alia, expand and modernize the Museum’s educational facilities, create…
SPR Solidifies Its Position at the Forefront of Efforts to Bring Offshore Wind Energy to New York State
In February 2019, SPR closed a deal in which port developer Atlantic Offshore Terminals LLC acquired the future epicenter of offshore wind development in New York State. The offshore wind energy industry is emerging rapidly in the northeastern United States, and a critical component of its success is the establishment of a port facility where…
EPA Announces “Action Plan” for Per- and Polyfluoroalkyl Substances (PFAS)
On February 14th, the U.S. Environmental Protection Agency (EPA) introduced its PFAS Action Plan to better understand PFAS chemicals and the extent of existing contamination, prevent future contamination, and more effectively communicate with the public regarding PFAS and associated health and environmental risks. PFAS, a group of chemicals created in the 1940s, exist in a…
Building-Generated Greenhouse Gas Emissions Addressed in Multiple New York City Council Bills This Session
In pursuit of New York City’s goal to reduce greenhouse gas emissions 80 percent by 2050 (a goal known as “80×50”), the City Council is considering multiple bills this session that aim to reduce greenhouse gas emissions from city buildings. Buildings—through their electricity use, heating, and cooling—account for at least two thirds of all greenhouse…
Town of East Fishkill Defeats Zoning Challenge
In a decision dated January 7, 2019, the New York Supreme Court, Dutchess County, dismissed a lawsuit challenging the Town of East Fishkill’s 2012 zoning code amendment allowing for remediation and redevelopment of former gas station properties in accordance with the bulk conditions that previously existed on the properties, without need for a special permit…
National Flood Insurance Program Temporarily Reauthorized until December 21, 2018
In recent years, the unpredictability of the National Flood Insurance Program (“NFIP”), administered by the Federal Emergency Management Agency (“FEMA”) has given rise to increasing uncertainty and frustration for coastal and waterfront markets located within Special Flood Hazard Areas. The NFIP program, which provides flood insurance for approximately 5 million residential and commercial properties, requires…
