Development and Land Use

NYC Council Speaker Corey Johnson Introduces Proposal to Transform Land Use Planning

At the New York City Council’s last meeting of 2020, City Council Speaker Corey Johnson introduced proposed legislation that would, if passed, overhaul New York City’s land use planning framework.  The legislation, accompanied by a report entitled Planning Together: A New Comprehensive Planning Framework for New York City, would create a ten-year comprehensive planning cycle…

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Equinor Becomes Leading U.S. Offshore Wind Developer with 2,500 Megawatt Award from New York State

In his January 13, 2021 State of the State address, Governor Andrew M. Cuomo announced that New York will contract with Equinor Wind US LLC (Equinor) for 2,490 megawatts (MW) of offshore wind energy, the largest combined procurement of offshore wind energy by a state in U.S. history. Governor Cuomo also announced plans to make…

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NY Office of Renewable Energy Siting Issues Draft Regulations to Facilitate Swift Development of Large-Scale Renewable Energy Projects

On September 16, 2020, the newly formed Office of Renewable Energy Siting (“ORES”) issued draft regulations intended to streamline permitting and development of large-scale renewable energy projects in New York State.  The draft regulations, which are now available for public comment, reflect New York’s ongoing effort to achieve the Climate Leadership and Community Protection Act’s…

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New York City Council Considers Amendment to Local Law 97 Affordable Housing Provisions

On May 28, 2020, New York City Councilmember Costa Constantinides, among others, introduced a bill—Int. No 1947—to significantly amend the affordable housing provisions of Local Law 97 of 2019. Local Law 97 and the technical amendments in Local Law 147 of 2019 require most new and existing buildings in New York City over 25,000 gross…

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Court Denies Motion to Dismiss $100 Million Lawsuit Against Southampton

In a precedent setting decision, DLV Quogue, LLC v. Town of Southampton (Index No. 606443/2018), New York State Supreme Court Justice Carmen Victoria St. George denied the Town of Southampton’s motion to dismiss claims brought pursuant to 42 U.S.C § 1983 challenging the constitutionality of the Town Board’s denial of a rezoning application for a…

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Clarity Or Confusion: The Ever Evolving Guidance Concerning Permissible Essential Construction In New York

On April 9, Empire State Development issued updated guidance that appears to expand the definition of what is considered “essential construction” for the purposes of exemption from the work-at-home requirements under Executive Order 202.6.  E.O. 202.6 bans all construction in the State except for projects deemed “essential,” which the State says includes “roads, bridges, transit…

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