Following the New York Court of Appeals’ decision allowing municipalities to ban hydraulic fracturing (“fracking”) operations within their borders, in recent weeks there have been three additional developments relating to fracking on a state and national level. On July 14, 2014, EPA extended the deadline for comments on a proposed rule governing disclosure of chemical … Read Post

On Monday, June 23, the U.S. Supreme Court issued Utility Air Regulatory Group v. EPA, a mixed decision with three key holdings: (1) that the Environmental Protection Agency (“EPA”) has the authority to regulate the greenhouse gas (“GHG”) emissions of stationary sources already required to obtain Clean Air Act (“CAA”) Prevention of Significant Deterioration (“PSD”) … Read Post

On June 30, 2014, the New York Court of Appeals ruled that municipalities in New York State may use their zoning powers to restrict hydraulic fracturing (“fracking”), thus upholding fracking bans that had been enacted by the Towns of Dryden and Middlefield. The key issue on appeal was whether New York State’s Oil, Gas and … Read Post

As many practitioners of telecommunications and land use law are aware, wireless telecommunications providers often attempt to preclude local government review of tower and antenna siting by claiming preemption under state and federal telecommunications laws. Such was the case in the Village of Pelham, where the Village Board approved a right-of-way agreement allowing ExteNet Systems … Read Post

In the last day of its 2013-2014 session, the New York state legislature has passed a bill to extend the deadline to qualify for tax credits under the state’s Brownfield Cleanup Program (“BCP”). The legislation, if signed by the Governor, would extend the date by which a site must receive a Certificate of Completion (“COC”) … Read Post

SPR attorneys have secured a victory on behalf of The Hudson Companies in litigation related to the development of a residential building at 626 Flatbush Avenue in Brooklyn. The project is a mixed-use, mixed-income building currently under construction in Prospect-Lefferts Gardens, where it will add 254 rental units to that growing neighborhood without displacing any … Read Post

On June 2, 2014, the Environmental Protection Agency (“EPA”) proposed a regulation that is designed to cut carbon dioxide (CO2) emissions from existing power plants by up to 30% by 2030, compared to 2005 levels. The proposed regulations, issued under Section 111(d) of the Clean Air Act, would set different emissions targets for different states … Read Post

On May 28, 2014, the Department of Interior’s Bureau of Ocean Energy Management (“BOEM”) published two related notices signaling its intent to move forward with offshore wind development in New York: a call for information (“CFI”) from parties interested in obtaining a commercial lease for offshore wind development, and a notice of intent to prepare … Read Post

As anticipated, last week the EPA added the Wolff-Alport Chemical Company site to the National Priorities List, making the Ridgewood, Queens site the third active Superfund site in New York City.  In contrast with the Gowanus Canal and Newtown Creek Superfund sites, the proposal to list the Wolff-Alport site appears to have attracted relatively little … Read Post

Two recent decisions by the D.C. Circuit Court of Appeals upheld United States Environmental Protection Agency (“EPA”) air quality standards and emissions limitations, continuing a string of legal victories for EPA. On May 9, the D.C. Circuit upheld EPA’s 2012 revision to the National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter  (PM2.5), citing … Read Post