Environmental Impact Review/Permitting
U.S. Fish and Wildlife Service Proposes Incidental Eagle Take General Permits for Wind-Energy Projects
The United States Fish and Wildlife Service (USFWS) recently proposed to develop a general permit under the Bald and Golden Eagle Protection Act (the Eagle Act) for the incidental take of eagles associated with qualifying wind-energy projects and power lines, as well as disturbance take and nest take. This blog post provides a discussion of…
NYC Adopts Sweeping New Stormwater Rule
In February 2022, the New York City Department of Environmental Protection (DEP) adopted the Unified Stormwater Rule (USWR) to update the stormwater management requirements for all new development and redevelopment sites that discharge to City sewers. The USWR amends Title 15, Chapter 19.1 and Chapter 31 of the Rules of the City of New York, which relate…
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…
Appellate Division Dismisses SEQRA Challenge to Capital Region Multi-Use Development, Unanimously Reversing Lower Court
In a unanimous reversal of a decision that stalled a multi-family residential development and proposed Costco outlet in Guilderland, New York, on the border of Albany, the Appellate Division, Third Department reversed in all respects the Albany County Supreme Court’s holding that the Town of Guilderland Planning Board’s Environmental Impact Statement (“EIS”) was deficient. Peter…
Army Corps Reissues Nationwide Permits, Dividing NWP 12 Into Three
On January 13, 2021, the U.S. Army Corps of Engineers (“Corps”) published a final rule reissuing and modifying twelve existing 2017 nationwide permits (“NWPs”) and creating four new NWPs. The rule goes into effect on March 15, 2021. Nationwide permits provide a streamlined process for the Corps to authorize activities under Section 404 of the…
Council on Environmental Quality’s New NEPA Regulations: An Analysis
On September 14, 2020, the Council on Environmental Quality’s (“CEQ”) Final Rule overhauling its regulations implementing the National Environmental Policy Act (“NEPA”) became effective. The Final Rule represents the first comprehensive revision of the NEPA regulations since their initial issuance in 1978, and introduces process-based and substantive changes to the NEPA regulations, codifies existing case law and…
