On January 25, 2017, the Long Island Power Authority (“LIPA”) voted to approve a power purchase agreement (“PPA”) with Deepwater Wind for the South Fork wind farm, a proposed 90 megawatt (“MW”) offshore wind farm located approximately 30 miles southeast of Montauk. If constructed, the South Fork wind farm would be the largest in the … Read Post

On January 23, 2017, the New York State Department of Environmental Conservation (“NYSDEC”) proposed the most significant changes to its regulations implementing the State Environmental Quality Review Act (“SEQRA”) in more than twenty years.  The proposal aims to streamline the environmental impact review process in New York, particularly for projects that advance certain public policy … Read Post

In a decision dated January 20, 2017, Hon. Lisa M. Fisher of the New York Supreme Court, Albany County, dismissed in its entirety litigation challenging the legality of the permit that the New York State Department of Environmental Conservation (“DEC”) issued for the Pier 55 project in Hudson River Park.  The project, currently in construction, … Read Post

On February 9-10, 2017, SPR principals Daniel Riesel and Pamela Esterman will co-chair the 47th annual ALI CLE Environmental Law Course in Washington, DC. The course, which is co-sponsored by ALI CLE and the Environmental Law Institute, will feature advanced-level presentations by senior public officials, distinguished law professors, seasoned private practitioners, and experienced public interest … Read Post

Authors: Heewon Kim and Joyce Kung   New York State: Proposed Guidance Emphasizes Development of Living Shorelines On December 28, 2016, the New York State Department of Environmental Conservation (“DEC”) released a draft guidance document highlighting the use of natural and nature-based features in shoreline stabilization, also known as “living shorelines.”  The guidance promotes a … Read Post

BOEM Auctions Offshore Wind Lease for New York Wind Energy Area On December 15 and 16, 2016, the United States Bureau of Ocean Energy Management (“BOEM”) conducted a competitive auction for a lease allowing development of an offshore wind farm in an 79,350-acre area south of Long Island. The New York Wind Energy Area begins … Read Post

Since 1990, the United States Environmental Protection (“EPA”) has evaluated contaminated sites for inclusion on the Superfund National Priorities List (“NPL”) based on the risks posed by human or ecological exposure to hazardous substances from groundwater, surface water, soil and outdoor air.  On December 7, 2016, EPA finalized regulations authorizing the listing of NPL sites … Read Post

The New York State Department of Environmental Conservation (“DEC”) recently issued a revised proposed regulation projecting sea-level rise for three geographic regions of the state:  Long Island, New York City/Lower Hudson, and Mid-Hudson.  This action implements the Community Risk and Resiliency Act (“CRRA”), a statute enacted in 2014 that requires consideration of climate change impacts … Read Post