Environmental Review, Permitting and Litigation for Government-Sponsored Developments

Public Service Commission Petitioned by NYSERDA To Fund Build-Ready Program

On June 5, 2020, the New York State Energy Research and Development Authority (NYSERDA) petitioned the New York Public Service Commission (PSC) for approval and funding of NYSERDA’s proposed Build-Ready Program, a program that would advance large-scale renewable energy projects by identifying sites that are consistent with New York’s standards and are made build-ready for…

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Court Narrows Scope of NWP 12 Ruling; Corps Appeals to Ninth Circuit

Last month, we wrote about a recent decision from the US District Court for the District of Montana vacating Nationwide Permit (“NWP”) 12, the general permit issued by the Army Corps of Engineers (“Corps”) for pipelines and other utility projects. On May 11, the court narrowed the scope of the decision, vacating and enjoining the…

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EPA and Army Corps of Engineers Publish Final “Waters of the United States” Rule

On April 21, 2020, the Environmental Protection Agency and the U.S. Army Corps of Engineers (together, the “Agencies”) published a final rule in the Federal Register redefining the term “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”).  The Agencies previously issued pre-publication notice of the final rule on January 23, 2020. …

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Nationwide Permit for Pipelines and Utility Projects Vacated on ESA Grounds

On April 15, 2020, the United States District Court for the District of Montana issued a decision in Northern Plains Resource Council v. U.S. Army Corps of Engineers, vacating Nationwide Permit (“NWP”) 12, a general permit issued by the Army Corps of Engineers (“Corps”) for pipelines and other utility projects. The case was brought, in…

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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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Where Can Dredge Spoil Find a Home? Connecticut Seeks Dismissal of New York Challenge to Designated Ocean Dumping Site.

By Michael S. Bogin and SPR Summer Associate Aaron Aber  Connecticut and New York will file final briefs this summer in an ongoing dispute before the Eastern District of New York, regarding the legality of the U.S. EPA’s decision to designate a site in the Long Island Sound for disposal of navigational dredge material. The…

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