Wetlands and Stormwater

New York Climate Action Council Releases CLCPA Draft Scoping Plan

On December 30, 2021, the New York State Climate Action Council released the Draft Scoping Plan for the Climate Leadership and Community Protection Act (Draft Scoping Plan) for public review and comment. The Draft Scoping Plan recommends policies and actions to help New York meet the ambitious climate goals articulated in the Climate Leadership and…

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NYC’s Natural Gas Ban Intends to Speed Up Building Electrification

In the waning days of its 2021 legislative session, the New York City Council passed a new law limiting the use of carbon intensive fuels in future building construction. Passed by the City Council on December 15 and signed by outgoing Mayor Bill De Blasio on December 22, Local Law 154 seeks to address the…

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NYS Department of Environmental Conservation Issues CLCPA Compliance Guidance

On December 8, 2021, the New York State Department of Environmental Conservation (DEC or the Department) issued two policies that incorporate climate change considerations into Departmental decision making and ensure compliance with the Climate Leadership and Community Protection Act of 2019 (CLCPA). As previously covered by the SPR Blog, the CLCPA requires DEC to establish…

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ASTM Publishes New Phase I Environmental Site Assessment Standard

  In November 2021, ASTM International published the new Phase I environmental site assessment standard, denominated E1527-21, to replace to prior E1527-13 standard that has been in use for the past eight years. The new standard provides clarity and guidance on the best practices for preparing Phase I reports, which identify environmental conditions on properties…

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Local Law 97 Carbon Trading Feasibility Study Published

  The carbon trading feasibility study required by NYC Local Law 97 of 2019 (Local Law 97) has been published by NYU’s Guarini Center on Environmental, Energy & Land Use Law, in consultation with the New York City Mayor’s Office of Climate & Sustainability, among others. Local Law 97 requires that most buildings in NYC…

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City Issues New Local Law 97 Affordable Housing Guidance

New York City issued new guidance on compliance with Local Law 97 of 2019 (Local Law 97), as amended, for affordable housing and extended the compliance deadline for some types of rent regulated buildings. Local Law 97 requires most buildings over 25,000 square feet to meet progressively stringent greenhouse gas emissions (GHG) limits or to…

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Zoning and SEQRA Challenges to Large Scale Development Project Dismissed for Lack of Standing

On November 4, 2021, Justice St. George of the New York State Supreme Court issued two identical decisions denying standing to the Long Island Pine Barrens Society, the Group for the East End, a NYS Assembly member, and various property owners who had collectively commenced a pair of proceedings challenging the approval of a residential…

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Court Dismisses Challenge to ORES Regulations for Large-Scale Renewables

On October 7, 2021, the Supreme Court, Albany County, dismissed a challenge that sought to vacate the final regulations promulgated in March 2021 by the Office of Renewable Energy Siting (ORES) pursuant to Executive Law § 94-c. The regulations create new streamlined procedures for the siting of large-scale renewable energy projects in New York. The…

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New Model High-Performance Lease Helps Unlock NYC’s Ambitious Climate Goals

  In August 2021, the Institute for Market Transformation, with pro bono assistance from SPR, released a model high-performance lease that will provide critical assistance for commercial building owners and tenants seeking to advance building decarbonization and comply with NYC Local Law 97. A “high-performance lease” is a commercial lease that contains provisions that mandate…

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Major Milestones Reached for Important Port Authority Projects

SPR has advised the Port Authority of New York and New Jersey (PANYNJ) with respect to the environmental impact review of two recently authorized major infrastructure projects. Both projects will play a critical part in the economic recovery and continued vitality of New York City. On May 28, 2021, the Federal Railroad Administration issued a long-awaited…

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