Land Use & Development

Supreme Court Significantly Curtails Federal Jurisdiction over Wetlands in Sackett v. EPA

On May 25, 2023, the Supreme Court issued its decision in Sackett v. EPA, ruling that federal jurisdiction over wetlands under the Clean Water Act (CWA or the Act), which prohibits discharging pollutants into “the waters of the United States” (WOTUS), extends to only those wetlands with a continuous surface connection to WOTUS. The Sackett…

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EPA Phases Out ASTM E1527-13 Standard for “All Appropriate Inquiries” Rule

The U.S. Environmental Protection Agency issued a final rule on December 15, 2022, allowing for the use of ASTM International’s E1527-21 standard for Phase I Environmental Site Assessments (ESAs) to satisfy the requirements of the All Appropriate Inquiries Rule (AAI Rule). The final rule will go into effect on February 13, 2023.  The notice accompanying…

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ASTM Publishes New Phase I Environmental Site Assessment Standard

  In November 2021, ASTM International published the new Phase I environmental site assessment standard, denominated E1527-21, to replace to prior E1527-13 standard that has been in use for the past eight years. The new standard provides clarity and guidance on the best practices for preparing Phase I reports, which identify environmental conditions on properties…

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Zoning and SEQRA Challenges to Large Scale Development Project Dismissed for Lack of Standing

On November 4, 2021, Justice St. George of the New York State Supreme Court issued two identical decisions denying standing to the Long Island Pine Barrens Society, the Group for the East End, a NYS Assembly member, and various property owners who had collectively commenced a pair of proceedings challenging the approval of a residential…

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Court Dismisses Challenge to ORES Regulations for Large-Scale Renewables

On October 7, 2021, the Supreme Court, Albany County, dismissed a challenge that sought to vacate the final regulations promulgated in March 2021 by the Office of Renewable Energy Siting (ORES) pursuant to Executive Law § 94-c. The regulations create new streamlined procedures for the siting of large-scale renewable energy projects in New York. The…

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NY Office of Renewable Energy Siting Issues Draft Regulations to Facilitate Swift Development of Large-Scale Renewable Energy Projects

On September 16, 2020, the newly formed Office of Renewable Energy Siting (“ORES”) issued draft regulations intended to streamline permitting and development of large-scale renewable energy projects in New York State.  The draft regulations, which are now available for public comment, reflect New York’s ongoing effort to achieve the Climate Leadership and Community Protection Act’s…

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