Results

Development and Land Use

Sive, Paget & Riesel represented the New York State Thruway Authority, which together with the Metro North Railroad, a subsidiary of the Metropolitan Transportation Authority, undertook the Tappan Zee Bridge/I287 Corridor environmental review. This process addressed the possible replacement of the Tappan Zee Bridge. The Firm advised the Project Sponsors with regard to the environmental review of the proposal pursuant to both NEPA and SEQRA, as well as to environmental permitting and related requirements.

Location
Westchester, NY
Date
2014

As counsel to the Hudson River Park Trust, the firm assisted in the preparation of an Environmental Impact Statement for the redevelopment of Pier 57 in Hudson River Park, resulting in approval of the project by the New York City Planning Commission and City Council.
Location
New York, NY
Date
2014

The firm advised the Empire State Development Corporation with respect to the preparation of an Environmental Impact Statement for the redevelopment of the site of a historic theater in Harlem with cultural uses and market rate and affordable housing.
Location
New York, NY
Date
2013

The Firm helped obtain Tidal Wetland permits, a Coastal Erosion Hazard Area revision and permit, a Solid Waste Beneficial Use Determination and Oil Spill Program closures for the development of a large retail development and public park.
Location
Brooklyn, NY
Date
2013

Sive, Paget & Riesel represented the Hudson River Park Trust (and predecessor entities) in connection with the environmental review conducted in connection with the development of the Hudson River Park in Manhattan. SPR served as environmental counsel in connection with the Environmental Impact Statement required for the Park, and worked with State and local agencies in connection with the development of this exciting new park along the Hudson River waterfront.

The firm continues to serve as counsel to the Hudson River Park Trust as it implements its overall plan for the park. In a recent litigation, Sane Energy Project v. Hudson River Park Trust (New York County Supreme Court), SPR obtained dismissal, on federal preemption grounds, of SEQRA challenge to HRPT’s lease allowing the installation of a natural gas pipeline under the Park.

Location
New York, NY
Date
2013

Sive, Paget & Riesel represented Northern Westchester Hospital in Mount Kisco, New York, in obtaining rezoning and site plan approvals for its proposed expansion of the hospital and construction of a 57,000 square foot medical office building. The firm is coordinating the preparation of the scope and other supporting documents for the project's SEQRA review, and working with the involved agencies to obtain other required approvals. This includes the acceptance of a Stormwater Pollution Prevention Plan by the New York City Department of Environmental Protection, which has oversight authority because of the project's location in the City's Croton Water Supply System watershed.

Location
Westchester, NY
Date
2011

SPR served as environmental counsel to the Related Companies in connection with the Tuxedo Reserve project, a planned residential and mixed-use project on 2,374 acres, primarily in the Town of Tuxedo in Orange County, New York. SPR provided legal advice in connection with the preparation of the Environmental Impact Statement and Supplemental Environmental Impact Statement for this project, which originally contemplated the construction of over 2,000 dwelling units and over 500,000 square feet of commercial space. SPR also provided advice on a variety of zoning and permitting issues relating to this project.
Location
Tuxedo, NY
Date
2011

SPR represented the Empire State Development Corporation (ESDC), an involved agency in the environmental review of the rezoning of a 35-acre portion of Manhattanville in West Harlem, a rezoning which facilitated Columbia University's proposed expansion on 17 of the 35 acres. The Columbia University development created a new 6.8 million square foot graduate campus in West Harlem that is to include state-of-the-art educational and academic research facilities, publicly-accessible open space, and other significant elements. SPR assisted in the preparation of the rezoning's environmental impact statement and ESDC's General Project Plan pertaining to the Columbia project, and won the litigation challenging the project through the Court of Appeals.
Location
New York, NY
Date
2010

The firm represented the Company and won summary judgment in the Southern District of Florida, which enjoined the U.S. Army Corps of Engineers from applying rules pertaining to its regulatory jurisdiction over certain former wetlands.  The Court held that the Corps, by relying only on its own internal memoranda, had failed to properly promulgate the rules through the notice-and-comment rulemaking procedures required under the Administrative Procedure Act.  The decision has wide import, as it directly affects approximately 700,000 acres within the Everglades Agricultural Area (EAA), and other hydrologically-managed lands nationwide for which non-agricultural uses may be proposed.
Location
South Bay, Florida
Date
2010

Sive, Paget & Riesel has represented the Greater Jamaica Development Corporation, a private entity that acts to foster and facilitate development in Jamaica. The firm advised the Corporation in terms of environmental permitting and approvals necessary for its proposed redevelopment projects.

Location
Queens, NY
Date
2010

SPR was lead environmental counsel for the preparation of the Environmental Impact Statement for the Riverside South project, a General Large-Scale Development located along Manhattan's West Side between West 59th Street and West 72nd Street. This project, developed by Donald Trump, was approved by the City of New York in 1992. Since that time, SPR has continued to represent the developer, successfully defending a number of legal challenges to the project brought in both New York State and federal courts.

Location
New York, NY
Date
2010
Attorney
David Paget

With the help of the firm, the client obtained judgment after bench trial awarding lost rent and attorneys' fees under the New York Navigation Law to the owner of a property contaminated by a gasoline service station.
Location
New York, NY
Date
2009

SPR represented the developer of a proposed townhouse development in City Island on the shores of the Long Island Sound. The firm represented the developer with regard to environmental permitting and hazardous materials issues.

Location
City Island, NY
Date
2009

Sive, Paget & Reisel represented the New York Yankees in connection with the development of the new Yankee stadium in the Bronx. The project also included the construction of additional parking facilities, and the creation of new parkland and recreational facilities at and in the immediate vicinity of the existing stadium, as well as along the Harlem River waterfront. The firm successfully defended the New York Yankees in the lawsuit that challenged the environmental review and parkland aspect of this project.

 
Location
Bronx, NY
Date
2009

SPR was retained by the New York City Economic Development Corporation (EDC) to serve as environmental counsel for the preparation of a Generic Environmental Impact Statement for the City of New York's proposed redevelopment of a 61 acre parcel in Willets Point Queens. The Willets Point project is a proposed redevelopment of a substandard and underutilized industrial area into a lively, mixed-use, sustainable community and regional destination. Besides the GEIS, the Firm assisted the City in other aspects of the proposed project, including hazardous waste remediation and environmental issues relating to the purchase of existing parcels within the project area and the parcels to be utilized to relocate existing businesses. The project, which required the rezoning of the area and adoption of an urban renewal plan, was approved in the Fall of 2008.
Location
Queens, NY
Date
2008

Sive, Paget & Riesel reprised its role as environmental counsel in connection with the environmental review of the original Javits Convention Center, representing the Javits Center again in connection with its proposed expansion.

Location
New York, NY
Date
2007

SPR represents Dermot BMB, LLC, with respect to the proposed renovation and expansion of the historic Battery Maritime Building in lower Manhattan. The proposal would create public indoor space, a boutique hotel, and a rooftop bar and restaurant. SPR is assisting the developer in securing permits from the New York State Department of Environmental Conservation and the U.S. Army Corps of Engineers.
Location
New York, NY
Date
2006

The firm represents the developer of the River East project, a 1.2-million-square-foot residential and commercial project in Long Island City. SPR helped to secure the necessary tidal wetlands permits, contaminated soil remediation plan and other regulatory approvals that authorize the construction of two planned 30-story glass towers, four 8-story buildings and a waterfront public park that local residents say will greatly enhance their community.
Location
New York, NY
Date
2006

SPR serves as environmental and regulatory counsel to the New York City Economic Development Corporation in connection with its East River Waterfront Development Study, which is focused on redeveloping and increasing waterfront access along the East River between Battery Park and the East River Park.

Location
New York, NY
Date
2006
Attorney
David Paget

Sive, Paget & Riesel represented Becker and Becker and MEPT Octagon in connection with the Octagon project, an approximately 400-unit residential development on Roosevelt Island in New York City. The project was developed in conjunction with the renovation of the Octagon, a historic landmark that used to be part of the New York Lunatic Asylum located on Roosevelt Island. SPR also successfully defended a litigation challenging the Southtown project, a joint venture between SPR clients the Related Companies and the Hudson Companies, that is also located on Roosevelt Island.
Location
Roosevelt Island, NY
Date
2006
Attorney
David Paget

SPR represents the Hudson Yards Development Corp. with respect to the environmental review of the proposal by the Related Companies to develop residential and commercial buildings and significant public open space over the western portion of the John D. Caemmerer West Side Storage Yard, used by Long Island Rail Yard. SPR's representation to date includes advising HYDC and the City with respect to the appropriate contents of the Environmental Impact Statement for the project.
Location
New York, NY
Date
2006
Attorney
David Paget

SPR advised the Port Authority of New York and New Jersey with regard to the preparation of the Environmental Impact Statement for the construction of a monorail system that connects the Northeast Corridor rail lines with the New Liberty Airport main terminal and long term parking areas. The EIS was issued by the Federal Aviation Administration and the monorail was constructed.
Location
Newark, NJ
Date
2006

Sive, Paget & Riesel assisted Lincoln Center by serving as environmental counsel in connection with its expansion

Location
New York, NY
Date
2005
Attorney
David Paget

SPR represented the Related Companies' affiliate Related Retail Corporation with respect to the proposed redevelopment of the current site of the Bronx Terminal Market on the Harlem River, as a large-scale retail facility including a hotel. SPR provided legal advice with respect to the site's participation in the Brownfield Cleanup Program, into which the project was accepted in late 2004. SPR also advised the client with respect to waterfront permitting issues and other environmental matters.

Location
Bronx, NY
Date
2004

Sive, Paget & Riesel advised the Port Authority of New York and New Jersey with regard to the preparation of the Environmental Impact Statement (EIS) for the construction of the JFK Airtrain, which runs from Jamaica Queens (where it connects with the LIRR and NYC Subway) to the main terminals at JFK airport. The EIS was issued by the Federal Aviation Administration and the Airtrain was constructed.

Location
Queens, NY
Date
2003

SPR provided legal advice in connection with the preparation of an Environmental Impact Statement for the proposed Traditional Links golf course in Riverhead, New York. SPR also assisted in connection with related permits and approvals required to construct this world-class golf course in Long Island.
Location
Riverhead, NY
Date
2002
Attorney
David Paget

SPR served as environmental counsel in connection with the expansion of the United States Tennis Association (USTA) facilities in Flushing Meadows, Queens. SPR provided legal advice in connection with the Environmental Impact Statement prepared for the expansion, and also assisted the USTA in obtaining related permits and approvals.
Location
Queens, NY
Date
1999

The New York State Urban Development Corporation (now the Empire State Development Corporation) retained SPR to provide legal advice in connection with the environmental review that led to the development of Battery Park City. Built on landfill, Battery Park City is a massive residential and commercial property with 36 acres of parks and gardens.

Location
New York, NY
Date
1981
Attorney
David Paget

Brownfields Redevelopment

SPR represents Queens West Development Corporation (QWDC), a subsidiary of New York State's Empire State Development (ESD), in connection with New York's largest mixed use public-private development. During the early planning stages of this major initiative to redevelop a 74-acre area of the Long Island City waterfront, the firm provided environmental and land use counsel to the Urban Development Corporation (now d/b/a ESD) in connection with development of the General Project Plan and the environmental impact statement (EIS) process. It subsequently represented ESD in successfully defeating litigation challenging the adequacy of the EIS. The firm has handled all waterfront permitting issues for the development of parks and the waterfront esplanade, which involved obtaining permits from the U.S. Army Corps of Engineers and New York State Department of Environmental Conservation and other agencies.

The firm recently represented QWDC over CERCLA action for response costs and settled. The firm assists in connection with all aspects of remediation of legacy contamination from the area's long and varied industrial uses, including remedies under auspices of either the State's Voluntary Cleanup Program or the Brownfield Cleanup Program, recently representing QWDC in a case over response costs. The litigation recently settled.

SPR represents the purchaser of this one-time copper smelter property and listed Class-2 Inactive Hazardous Waste Site who is redeveloping its approximately 39-acres for commercial and light industrial use. Working closely with the prior owner, the developer and the regulators, SPR helped secure the Record of Decision and other regulatory approvals that have cleaned up this long-contaminated waterfront parcel and brought much needed development and jobs to this area after years of decline.
Location
Maspeth, NY
Date
2014

On behalf of project developers, SPR obtained dismissal of claims in New  York County Supreme Court brought under the State Environmental Quality Review Act to challenge the mixed-use City Point project in Downtown Brooklyn by community group and labor unions on statute of limitations and standing grounds.
Location
Brooklyn, NY
Date
2013

SPR represents East River Realty Co., LLC, as lead environmental counsel associated with the redevelopment of four parcels of property located along the First Avenue on the east side of Midtown Manhattan, which were the former location of Consolidated Edison's Waterside Generating Station. East River Realty intends to construct a significant, high-rise development on the site. As counsel to the project, SPR prepared the Environmental Impact Statement (EIS) required for the sale of the property from Consolidated Edison, and is presently steering the proposed development through the New York City urban land use review procedure and the concomitant EIS process for the development plan. Moreover, SPR has overseen the challenging clean-up of the major former industrial site, including obtaining a Brownfield designation for the site.

Location
New York, NY
Date
2013

Sive, Paget & Riesel represents the Muss Development Corporation with respect to the development of SkyViewParc, a mixed-use development located on the former Flushing Industrial Park site. SPR assisted with all aspects of the client's application to the New York State Brownfield Cleanup Program, including preparation of the initial application, revisions, submission of reports and all other aspects of the State-supervised cleanup of the property. SPR has also assisted the developer in seeking cost recovery from the former owner of the property responsible for the contamination.

Location
Queens, NY
Date
2011

SPR represented the Georgetown Company, the developer of IAC Corporation's new corporate headquarters building -- the first building in New York designed by Frank Gehry -- which was built on a portion of the former Con Edison 18th Street Gas Works. The firm's representation on this project included negotiating an allocation of responsibility among all stake-holders for the environmental remediation of residual contamination from decades of manufactured gas production and assorted waterfront industrial uses. SPR negotiated a Voluntary Cleanup Agreement with the State of New York, and subsequently assisted Georgetown in becoming one of the first Volunteers to participate in and receive a Certificate of Completion of the then newly enacted Brownfield Cleanup Program. SPR also negotiated a transfer of risk with the contractor conducting the site cleanup, backed by environmental insurance.
Location
New York, NY
Date
2007

SPR represents Roseland/Sleepy Hollow, LLC, as an affiliate of Roseland Properties, the developer of the former General Motors Assembly site in Sleepy Hollow. The proposed Lighthouse Landing development is a mixed-use project, including residential, commercial and open space uses on a 97-acre site former industrial property bordering the Hudson River. The Firm has advised Roseland with respect to its participation in the Brownfield Cleanup Program and its proposed investigation and remediation of this former industrial site. In addition to the Brownfield work SPR is also assisting with environmental permitting issues, especially those pertinent to shoreline development, as well as preparation of an Environmental Impact Statement.

Location
Sleepy Hollow, NY
Date
2007

SPR represented Muss Development Corporation with respect to a proposed large-scale residential development on Prince's Point, which borders Staten Island. Shortly after Muss purchased the property, it was discovered to be seriously contaminated with hazardous wastes from historic uses, resulting in its listing as an Inactive Hazardous Waste Disposal Site under the State Superfund Program. SPR provided legal advice pertaining to the remediation of the site, which took many years to complete, and then provided representation concerning State Tidal and Freshwater Wetlands permitting and associated environmental issues.

Location
Staten Island, NY
Date
2001

Sive, Paget & Riesel served as environmental counsel in connection with the Environmental Impact Statement prepared for the New York Times color printing plant in College Point, Queens.

Location
Queens, NY
Date
1997
Attorney
David Paget

Environmental Review, Permitting and Litigation for Private Commercial Developments

The firm represents The Refinery, LLC, the developer of the former Domino Sugar facility on the East River in Brooklyn, with regard to waterfront permitting. The proposed development involves construction of new buildings that will include up to 120,000 gross square feet (gsf) of retail/commercial space, up to 100,000 gsf of community facility use, and up to 2,400 residential units (2.64 million gsf). Thirty percent of the units will be offered as affordable housing. In addition, the project includes development of approximately 4.1 acres of public open space including an approximately 1-acre lawn at the center of the site and a waterfront esplanade along the East River.


Environmental Review, Permitting and Litigation for Government-Sponsored Developments

SPR advised the Port Authority of New York and New Jersey with respect to the NEPA review of the raising of the Bayonne Bridge roadway to accommodate larger ships traversing the Kill Van Kull, resulting in a Finding of No Significant Impact and the issuance of a Bridge Permit Amendment by the U.S. Coast Guard. The firm also assisted with New York State Department of Environmental Conservation permitting. The matter is now in litigation.
Location
Bayonne, NJ
Date
2014

SPR served as environmental counsel to the Chappaqua Central School District with respect to its construction of a new 750-student middle school, as well as additions and renovations to two existing District schools. SPR represented the District throughout the environmental review process, including retention of consultants, preparation of environmental documentation, including an EIS and SEQRA Findings, and presentations at public hearings. In addition, SPR assisted the District in obtaining approvals from the New York City Department of Environmental Protection required for construction within the New York City watershed. The Firm also successfully defended the District in litigation challenging its approval of the new middle school. The new school opened in October 2003.
Location
Chappaqua, NY
Date
2003

Wetlands and Stormwater

The firm helped complete federal and state tidal wetlands permitting and the State Environmental Quality Review Act natural resources and hazardous material review, and obtained United State Environmental Protection Agency sign-off and State Brownfield Cleanup Program Certificate of Completion for the new Whole Foods site on 3rd Street and 3rd Avenue.
Location
Brooklyn, NY
Date
2014

Municipal Law

SPR served as environmental counsel to the Roosevelt Union Free School District with respect to its District-Wide Improvement Program, which is designed to relieve severe overcrowding, degraded physical conditions and inadequate and deficient equipment in the District's schools and to provide District students with equal educational opportunities. The Program includes the construction of three new elementary schools and a separate middle school, and the renovation and expansion of the existing junior-senior high school to a high school-only facility, as well as the introduction of a pre-kindergarten program into each of the elementary schools. SPR represented the District throughout the environmental review process for the Program, which included assistance in the retention of consultants, preparation of environmental documentation for the SEQRA process, including the preparation of an EIS and SEQRA Findings, and presentations at public hearings. The environmental review process culminated with the District's voters approving the Program through a bond referendum held in April 2004. A number of the proposed schools have been completed and the entire Program was completed in 2009.
Location
Roosevelt, NY
Date
2009

SPR represented the Empire State Development Corporation, which was lead agency for the environmental review of Forest City Ratner Companies proposal to develop the Barclays Center, a new basketball arena for the Nets, along with a major mixed-use development, in downtown Brooklyn. SPR worked with the project team to prepare the Environmental Impact Statement for this project.
Location
Brooklyn, NY
Date
2008

SPR is environmental counsel to the Long Island Power Authority (LIPA) and represented LIPA in connection with the preparation of an Environmental Impact Statement for the construction of a transmission line between the LIPA substations located in Southampton and Bridgehampton on the East End of Long Island. The project, which also included an expansion of the Bridgehampton substation, was controversial because of the proposal to install part of the line above ground on poles installed along the route of existing overhead distribution lines. SPR led the EIS project team and defended LIPA when its project approval was challenged in New York State Supreme Court. The matter was successfully resolved when LIPA and the Town of Southampton entered into an agreement on a funding mechanism to permit the entire installation of the line underground without burdening LIPA ratepayers as a whole with the expense for that additional work.
Location
Bridgehampton, NY
Date
2008

Indian Law

The firm represented the Stockbridge-Munsee Community and Band of Mohican Indians of Wisconsin in litigation against the U.S. Department of the Interior challenging the denial of an application to place land into trust for a casino. The government reversed its denial of the application.
Location
Shawano County, Wisconsin
Date
2011