COVID-19 Information
No segment of the economy has been spared the impact that the restrictions necessitated by the unprecedented COVID-19 pandemic have had and will continue to have on business and productivity. SPR has established a Pandemic Client Assistance Task Force to address proactively the range of legal issues our clients now face. The task force is actively tracking legal developments and conferring regularly on issues important to our clients.
New York Solar Projects Face Compliance Challenges In Restarting Construction
All regions of New York State other than New York City have re-opened to construction activities, including residential and commercial solar energy projects. While there are no specific guidelines for solar construction, the State has published detailed guidelines for all construction projects (the “Guidance”). Projects must affirm their compliance with all State guidelines and post…
EPA Issues Interim COVID-19 Guidance on Site Field Work Decisions
On April 10, 2020, the Environmental Protection Agency (EPA) released a memorandum providing interim guidance on site field work decisions due to the impacts of COVID-19 (Field Guidance). The Field Guidance is applicable to cleanup and emergency responses where EPA is the lead agency, or has direct oversight of or responsibility for the work being…
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…
Clarity Begins to Emerge Concerning Permissible Essential Construction In New York
A number of state and local agencies have issued guidance on the ban on non-essential construction that was announced by Governor Cuomo on March 27, 2020. Friday’s amendment to the guidance regarding work-at-home requirements under Executive Order 202.6 bans all construction in the State except for projects deemed “essential,” which the State says includes “roads,…
Renewables Developers: The Latest Stimulus Could Help You
The Coronavirus Aid, Relief and Economic Security (CARES) Act was enacted on March 27. It contains provisions that could provide relief to a wide variety of small businesses, including developers of renewable energy projects. Paycheck Protection Program The CARES Act implements a variety of programs to support small businesses, defined as businesses (including the self-employed,…
EPA Releases Enforcement Discretion Guidance in Response to COVID-19
These days, it seems as though COVID-19 is leaving no aspect of government untouched, and federal environmental regulation is no exception. The U.S. Environmental Protection Agency (EPA) issued a memorandum on Thursday, March 26th outlining “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” This temporary guidance explains how EPA plans to exercise enforcement discretion…
The Gray Area: When Is Work Essential and When Is It Not?
Day to day and hour to hour, the rules keep changing—what was deemed essential, and therefore exempt from work-at-home requirements under Executive Order 202.6 yesterday may not be considered essential today. As of yesterday, State guidance permitted all construction work to proceed under the Executive Order. This morning, New York Governor Andrew Cuomo declared that…
Environmental Insurance Coverage and COVID-19
As many businesses face closures pursuant to governmental directives designed to combat the spread of COVID-19, such closures may trigger claims under property and comprehensive general liability policies. Companies that have purchased pollution legal liability (PLL) insurance also should examine whether their PLL policies provide coverage for business interruption and other losses arising from COVID-19. …
Essential Services Exempt From Covid-19 Workplace “Pause”
Governor Cuomo’s “New York on Pause” Executive Order No. 202.8 (requiring all workplaces to maintain a 0% in-person workforce) exempts “Essential Services.” At the direction of the Governor, Empire State Development (ESD) has published Guidance on which services constitute Essential Services. ESD has also created a process through which businesses may request designation as an…
