New York Environmental Law
New York Moves Closer to Offshore Wind Energy Procurement
On July 12, 2018, the New York State Public Service Commission (“PSC”) issued an Order directing the New York State Energy Research and Development Authority (“NYSERDA”) to begin soliciting bids for approximately 800 MW of offshore wind capacity in the fourth quarter of 2018, taking the State closer to Governor Andrew M. Cuomo’s goal of…
New York Supreme Court Dismisses Challenge to CEQR Technical Manual and Bedford Union Armory Redevelopment
In a decision dated July 11, 2018, Hon. Carmen Victoria St. George of the New York Supreme Court, New York County, dismissed in its entirety litigation challenging the legality of the City Environmental Quality Review (“CEQR”) Technical Manual and the environmental review of the Bedford Union Armory Redevelopment project (the “Project”).[1] The CEQR Technical Manual,…
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…
NYSDEC Adopts Amended State Environmental Quality Review Act Regulations
By: Nathaniel Eisen On June 27, the New York State Department of Environmental Conservation (“NYSDEC”) adopted the first major revisions to its regulations implementing the State Environmental Quality Review Act (“SEQRA”) in over 20 years. The amendments, which are the culmination of more than six years of outreach, drafting, and revisions, will take effect January…
New York Denies Water Quality Permit for Another Natural Gas Pipeline
In late April, the New York State Department of Environmental Conservation (“NYSDEC”) denied a Water Quality Certification (“WQC”) under the Clean Water Act to Transcontinental Gas Pipeline Company (“Transco”) for the proposed Northeast Supply Enhancement natural gas pipeline (the “Project”). Among other components, the Project would include a 17.4 mile underwater pipeline with a diameter…
New York City Proposes First Stormwater Management Program Regulating Construction Runoff
For the first time, the City of New York has proposed a Stormwater Management Program (SWMP) to describe how the City will satisfy the requirements of its SPDES Municipal Separate Storm Sewer System (MS4) Permit. This means that, as soon as this fall, certain large construction projects in the City will need City Department of…