Sive, Paget & Riesel, PC
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Development and Land Use

Sive, Paget & Riesel represents a broad array of clients in connection with the development of private and governmental projects including: Brownfields Redevelopment, Environmental Review, Permitting and Litigation for Private Commercial Developments, Environmental Review, Permitting and Litigation For Government-Sponsored Developments, Wetlands and Stormwater, New York City (E) Designation Compliance, Permitting for Industrial Facilities and Zoning and Land Use.

Brownfields Redevelopment

Sive, Paget & Riesel has been assisting clients in complying with the requirements of the New York State Brownfield Cleanup Program (“BCP”) since its inception in 2003. The BCP provides financial incentives for the voluntary remediation and redevelopment of historically contaminated properties.

The firm advises clients as to the BCP’s eligibility criteria and works closely with consultants to ensure that application materials maximize the likelihood of acceptance into the BCP. SPR has also successfully litigated multiple clients’ claims that the New York State Department of Environmental Conservation improperly denied them entry into the BCP.

Once a site has been accepted into the BCP, the firm oversees remediation of the site to ensure compliance with all aspects of the BCP. For sites with (E) designations from the New York City Department of Environmental Protection, SPR can assist in streamlining compliance with both programs. In addition, the Firm can assist clients in obtaining environmental insurance for the site and/or the remediation. SPR also guides clients through the complicated closure process, negotiating easements and other associated agreements required to obtain a Certificate of Completion. SPR also advises clients as to the BCP provisions regarding the available tax credits for both remediation and redevelopment, and is experienced in negotiating real estate transactions involving the transfer of brownfield tax credits.

Environmental Review, Permitting and Litigation for Private Commercial Developments

Sive, Paget & Riesel represents private developers throughout the country in the environmental review and permitting processes and, if necessary, in subsequent litigation. Our experience includes large urban projects such as New York City's Metrotech Center, Riverside South as well as handling the expansion of the U.S.T.A.'s National Tennis Center and construction of the New Yankee Stadium. Our lawyers also have experience with large suburban projects including planned unit development in Newburgh and Montgomery New York and the Millford Senior Housing Project in Port Washington, New York.

Environmental Review, Permitting and Litigation for Government-Sponsored Developments

Sive, Paget & Riesel has been trusted by public sponsors of large commercial, retail, residential and industrial development projects to supervise the preparation of Environmental Impact Statements (EISs) and assessments under the State Environmental Quality Review Act (SEQRA) and National Environmental Policy Act (NEPA), permitting and litigation. Our lawyers have served as environmental counsel on projects such as the Brooklyn Bridge Park, sponsored by the Brooklyn Bridge Park Development Corporation, JFK Rail Link (Airtrain) sponsored by the Port Authority of New York and New Jersey, the Javits Convention Center, sponsored by the New York State Urban Development Corporation and the Javits Convention Center expansion, the South Street Seaport development, the Hunters Point Waterfront Redevelopment Project, and the Willets Point Redevelopment Project, sponsored by the City of New York and the New York City Economic Development Corporation. The firm also serves as environmental counsel to the Long Island Power Authority, where its project work has included the environmental review for an electric transmission project on the East End of Long Island. Our lawyers currently serve as environmental counsel to the New York State Thruway Authority in connection with Tappan Zee Bridge/I-287 Corridor Project, and for the Hudson Yards Development Corporation in connection with the redevelopment on the Hudson Yards on the far west side of Manhattan.

Wetlands and Stormwater

Maintaining water quality is a key concern confronting many developments today, and SPR has extensive experience navigating the numerous federal, state, and local statutes and regulations which govern wetlands and water quality issues, including stormwater. Whether obtaining coverage under a general stormwater permit for a construction site, or evaluating a proposed project's potential impacts on tidal or freshwater wetlands, SPR attorneys are deeply knowledgeable in this area, and have substantial experience working with the relevant governmental agencies.

New York City (E) Designation Compliance

SPR has unparalleled experience in shepherding projects through the review and approval process on property subject to an (E) Designation under the New York City Zoning Code, in order to assist clients in obtaining necessary building permits and certificates of occupancy. Whether involving an (E) Designation for hazardous materials, air quality, or noise attenuation and ventilation, SPR is intimately familiar with the technical and legal requirements necessary to satisfy an (E) Designation in New York City.

Permitting for Industrial Facilities

SPR has unparalleled expertise in obtaining permits for industrial facilities. SPR can assist clients in obtaining air, water, wetlands, solid waste and other types of permits for a range of industries, including cogeneration facilities, coal slurry projects, refineries, PCB-reclamation companies and wastewater treatment plants. We are experienced under the Clean Air Act in Title V permitting, new source review, prevention of significant deterioration issues, and health risk analysis. We have the experience and expertise to work closely with engineers on air modeling which often accompanies air work.

Zoning and Land Use

Sive, Paget & Riesel represents clients in proceedings before local land use agencies for a variety of issues including zoning amendments, site plan approvals, subdivision plans, special permits and variances. We are also very active in representing clients in the historic preservation and landmarks area, assisting with both designation and permitting issues.