Posts marked "New York Environmental Law"

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


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Living Shorelines On December 28, 2016, the New York State Department of Environmental Conservation (“DEC”) released a draft guidance document highlighting the use of natural and nature-based features in shoreline stabilization, also known as “living shorelines.”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


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


On October 25, 2016, the New York State Court of Appeals denied a motion for leave to appeal in one of three lawsuits brought to challenge the redevelopment of Pier 54 in the Hudson River Park.  The project involves the construction of an iconic new structure featuring unique landscaping, rolling topography, and areas that can … Read Post


In early October, the New York State Department of Environmental Conservation (“DEC”) readopted a temporary emergency rule to amend its regulations at 6 NYCRR Part 597, governing the identification of hazardous substances and release reporting in connection with the bulk storage of chemicals.  The readoption extended the temporary rule’s effectiveness through November 15, 2016. The … Read Post


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