In early October, the New York State Department of Environmental Conservation (“DEC”) readopted a temporary emergency rule to amend its regulations at 6 NYCRR Part 597, governing the identification of hazardous substances and release reporting in connection with the bulk storage of chemicals.  The readoption extended the temporary rule’s effectiveness through November 15, 2016. The … Read Post

Earlier this year, the New York State Department of Environmental Conservation (“DEC” or “Department”) released proposed revisions to the state’s Solid Waste Management Facilities regulations for public comment. These regulations set design standards and operational criteria for solid waste management facilities in New York. Last week, the New York State Bar Association’s Environmental Law Section (“Section”) … Read Post

Each year, the New York City Environmental Law & Leadership Institute (NYCELLI) honors one attorney who has, over the course of a remarkable career, been responsible for significant environmental progress in New York City through litigation, advocacy, and policy.  This year’s honoree was Mark Chertok, a principal at Sive, Paget & Riesel P.C. Mark has … Read Post

On September 8, 2016, the Appellate Division, First Department, upheld a lower court decision dismissing litigation challenging the redevelopment of Pier 54 in the Hudson River Park.  The redevelopment project (“Pier 55 Project” or “Project”) involves the construction of an iconic new structure featuring unique landscaping, topography, performance spaces and recreation areas in the location … Read Post

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 The guidance is the culmination of over six years of engagement, including draft guidance documents … Read Post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