Environmental Review, Permitting and Litigation for Government-Sponsored Developments
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…
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…
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…
Appellate Division Affirms Dismissal of Challenge to the American Museum of Natural History’s Gilder Center Project
In a decision dated April 18, 2019, the Appellate Division, First Department unanimously and emphatically affirmed a lower court ruling dismissing the lawsuit challenging the legality of the American Museum of Natural History’s Richard Gilder Center for Science, Education, and Innovation. The Gilder Center will, inter alia, expand and modernize the Museum’s educational facilities, create…
DEC Releases Flood Risk Management Guidance Affecting the Flood Hazard Area Applied to State Permit Applications
On June 20, 2018, the New York State Department of Environmental Conservation (“DEC”) released two draft flood risk management guidance documents intended to advise New York state agencies on how to incorporate the consideration of future climate risks, including risks of sea-level rise, storm surge, and flooding, into existing regulatory processes. The non-binding guidance is…
NY State Legislature Passes Bill to Regulate Petroleum-Carrying Vessels on the Hudson River
By: Zachary Berliner On June 21, the New York State Senate passed by a 61-to-1 vote a bill allowing state authorities to consider environmental impacts in reviewing permit applications for the operation of petroleum-bearing vessels on the Hudson River. It now awaits Governor Andrew Cuomo’s signature after being passed by a similar bipartisan margin in…
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