On August 2, 2016, the White House Council on Environmental Quality (CEQ) released final guidance on how the effects of climate change and greenhouse gas (GHG) emissions should be analyzed by federal agencies under the National Environmental Policy Act (NEPA). The guidance is the culmination of over six years of engagement, including draft guidance documents … Read Post


On July 29, 2016, the New York State Department of Environmental Conservation (“DEC”) formally adopted new rules for its Brownfield Cleanup Program (“BCP”), which will go into effect on August 12, 2016. The new rules were initially proposed on June 10, 2015, with minor revisions to the proposed rules published on March 9, 2016. The … Read Post


On July 28, 2016, New York State Supreme Court Justice Lawrence Knipel dismissed the second of two challenges to a residential and hotel development upland of Pier 1 in Brooklyn Bridge Park, which provides critical funding for the park’s operations and maintenance.  Sive, Paget & Riesel P.C. served as counsel for Empire State Development; the … Read Post



In the recently decided Encino Motorcars, LLC v. Navarro, No. 15–415 (U.S. June 20, 2016), the Supreme Court affirmed “[o]ne of the basic procedural requirements of administrative rulemaking” – that a federal agency “must give adequate reasons for its decisions” or risk the possibility of an arbitrary-and-capricious ruling under the Administrative Procedure Act (“APA”). Encino, … Read Post


On July 7, 2016, New York State Supreme Court Justice Dawn Jimenez-Salta dismissed a challenge to the sale and redevelopment of the Brooklyn Public Library’s (“BPL”) Brooklyn Heights branch, ruling that the petition was served too late and that the project’s environmental review complied with the requirements of the State Environmental Quality Review Act (“SEQRA”).  … Read Post


Last March, the New York State Department of Environmental Conservation (“DEC”) proposed significant changes to New York State’s solid waste management regulations, set forth in 6 N.Y.C.R.R. Part 360 et seq. Among the proposed amendments, DEC included a section addressing the reuse of historic fill and another section that modifies the process for obtaining Beneficial … Read Post



On June 16, 2016, the New York State Senate voted to extend the statute of limitations for personal injury claims linked to exposure to pollutants at state or federal Superfund sites.  As the New York State Assembly passed identical legislation in May, the bill now heads to Gov. Andrew Cuomo’s desk to be signed or … Read Post