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Since 1990, the United States Environmental Protection (“EPA”) has evaluated contaminated sites for inclusion on the Superfund National Priorities List (“NPL”) based on the risks posed by human or ecological exposure to hazardous substances from groundwater, surface water, soil and outdoor air.  On December 7, 2016, EPA finalized regulations authorizing the listing of NPL sites … 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 27, 2016, the Department of Interior’s Bureau of Ocean Energy Management (“BOEM”) announced that 79,350 acres offshore of New York, in a designated area beginning approximately twelve nautical miles south of Jones Beach and extending approximately twenty-four nautical miles southeast, will be offered in a December 15 commercial wind lease sale. The Final … 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


On October 17, 2016, the Federal Emergency Management Agency (“FEMA”) and New York City Mayor Bill de Blasio announced an agreement whereby FEMA would revisit its revisions to the Flood Insurance Rate Maps (“FIRMs” or “flood maps”) applicable to New York City, which had been originally proposed in 2013. Detailed information about the agreement and … 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