Municipal Law

NYCDOB to Issue Local Law 97 Adjustment Guidance in January 2021  

Gina Bocra, the Chief Sustainability Officer for the New York City Department of Buildings (NYCDOB), recently announced that in January 2021, the agency expects to issue guidance on the process for obtaining an adjustment to buildings’ greenhouse gas emissions caps under Local Law 97 of 2019 (as amended through Local Law 147 of 2019). Such…

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New York State Adopts Drinking Water Standards for Three Emerging Contaminants

New York State has considered the imposition of Maximum Contaminant Levels (“MCLs”) for the emerging contaminants 1,4-dioxane, perfluorooctanoic acid (“PFOA”) and perfluorooctanoic sulfonate (“PFOS”) for almost three years, since September 2017 when the Governor announced the creation of a Drinking Water Quality Council to make recommendations.  Following the publication of proposed rules and a later…

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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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Town of East Fishkill Defeats Zoning Challenge

In a decision dated January 7, 2019, the New York Supreme Court, Dutchess County, dismissed a lawsuit challenging the Town of East Fishkill’s 2012 zoning code amendment allowing for remediation and redevelopment of former gas station properties in accordance with the bulk conditions that previously existed on the properties, without need for a special permit…

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