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 The guidance is the culmination of over six years of engagement, including draft guidance documents … Read Post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


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