Land Use & Development

ASTM Publishes New Phase I Environmental Site Assessment Standard

In November 2021, ASTM International published the new Phase I environmental site assessment standard, denominated E1527-21, to replace to prior E1527-13 standard that has been in use for the past eight years. The new standard provides clarity and guidance on the best practices for preparing Phase I reports, which identify environmental conditions on properties with…

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Zoning and SEQRA Challenges to Large Scale Development Project Dismissed for Lack of Standing

On November 4, 2021, Justice St. George of the New York State Supreme Court issued two identical decisions denying standing to the Long Island Pine Barrens Society, the Group for the East End, a NYS Assembly member, and various property owners who had collectively commenced a pair of proceedings challenging the approval of a residential…

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Court Dismisses Challenge to ORES Regulations for Large-Scale Renewables

On October 7, 2021, the Supreme Court, Albany County, dismissed a challenge that sought to vacate the final regulations promulgated in March 2021 by the Office of Renewable Energy Siting (ORES) pursuant to Executive Law § 94-c. The regulations create new streamlined procedures for the siting of large-scale renewable energy projects in New York. The…

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NY Office of Renewable Energy Siting Issues Draft Regulations to Facilitate Swift Development of Large-Scale Renewable Energy Projects

On September 16, 2020, the newly formed Office of Renewable Energy Siting (“ORES”) issued draft regulations intended to streamline permitting and development of large-scale renewable energy projects in New York State.  The draft regulations, which are now available for public comment, reflect New York’s ongoing effort to achieve the Climate Leadership and Community Protection Act’s…

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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 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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