SPR attorneys successfully defended the appeal of their summary judgment victories for the defendants in Next Millennium Realty, LLC v. Adchem Corp. (16-1260-cv) in the Court of Appeals for the Second Circuit. The May 11, 2017 order dismissing the appeal upheld three successive summary judgment decisions by the District Court. These decisions (1) rejected the … Read Post

Recently, the New York City Council passed two bills to help address environmental justice (“EJ”) issues in the city. Low-income populations and communities of color, including those in New York, often face disproportionate environmental burdens of human activity, such as air pollution and its accompanying health effects. New York City agencies have worked to address … Read Post

The budget legislation signed by New York Governor Andrew Cuomo last month contains several high profile environmental provisions, including more than $1.5 billion in grants for drinking water infrastructure improvements; the creation of a new Drinking Water Council to develop a plan for addressing “emerging” contaminants such as perfluorooctane sulfonate (“PFOS”) and 1-4 dioxane; and … Read Post

DEC recently released a draft revision of its Brownfield Cleanup Program (“BCP”) guidance document, DER-32/Brownfield Cleanup Program Applications and Agreements. This document provides guidance on the BCP application process, as well as the content of and process for executing, amending and terminating a Brownfield Cleanup Agreement (“BCA”). The revisions are intended to reflect the 2015 … Read Post

Earlier this month, New York City announced it will be expanding a pilot curbside e-waste pick-up program into a permanent program in four boroughs. The pilot program started in Staten Island in October 2016, and in six months has already collected over 400,000 pounds of potentially hazardous e-waste that would otherwise have been sent to … Read Post

On March 28, 2017, President Trump signed an Executive Order, titled “Promoting Energy Independence and Economic Growth,” that is designed to roll back several of President Barack Obama’s efforts to address climate change.  While some of the Executive Order’s provisions are self-executing, many will require lengthy administrative procedures to become effective and certainly will face … Read Post

On February 28, 2017, the Trump administration issued an Executive Order (the “Order”) directing the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) to begin the process of “revising or revoking” the Obama administration’s 2015 “Clean Water Rule” (the “Rule”) which sought to define the extent of federal jurisdiction over “waters … Read Post

On March 7, 2017, the New York State Supreme Court Appellate Division, Second Department, denied a motion to enjoin the redevelopment of the Brooklyn Public Library’s (“BPL”) Brooklyn Heights branch, which will provide a modernized library within a new 36-story, mixed-used building featuring 134 market-rate apartments, two retail spaces, and a science, technology, engineering, and … Read Post

The New York State Department of Environmental Conservation (“DEC”) recently announced the final adoption of a regulation establishing science-based sea-level rise projections for New York’s tidal coast. The regulation, which implements the Community Risk and Resiliency Act (“CRRA”) of 2014, was first proposed in late 2015 and was revised in late 2016. The final regulation … Read Post