Land Use & Development

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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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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Coronavirus and Construction Project Delays

The rapid spread of the novel coronavirus is, at least within the last century, an unprecedented event.  Few segments of the economy have been spared the impact that the pandemic has had and will continue to have on business and productivity.  The impact will likely be the most profound for those industries that cannot count…

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EPA Proposes Updates to Clean Water Act’s Water Quality Certification Requirements

On August 8, 2019, the United States Environmental Protection Agency (“EPA”) published a set of proposed amendments (the “Proposed Rule”) to the regulations governing the issuance of Water Quality Certifications by states pursuant to Section 401 (“Section 401 Water Quality Certification”) of the Clean Water Act (“CWA”). Under the Section 401 Water Quality Certification process,…

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