Environmental Review, Permitting and Litigation for Private Commercial Developments

ORES Issues Final Regulations for Streamlining Siting, Permitting, and Development of Large-Scale Renewables

On March 3, 2021, New York State’s newly formed Office of Renewable Energy Siting (“ORES”) issued final regulations for streamlining the siting, permitting, and development of large-scale renewable energy projects in the State.  The regulations were promulgated pursuant to the Accelerated Renewable Energy Growth and Community Benefit Act and reflect the goals of the Climate Leadership…

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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…

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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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NY Supreme Court Dismisses ULURP/SEQR Challenge to American Museum of Natural History’s Gilder Center Project

In a decision dated December 10, 2018, Hon. Lynn Kotler of the New York Supreme Court, New York County, dismissed in its entirety litigation challenging the legality of the American Museum of Natural History’s  Richard Gilder Center for Science, Education, and Innovation for failure to comply with New York City’s Uniform Land Use Review Procedure…

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