Wetlands and Stormwater

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…

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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…

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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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