Trump Executive Order Directs EPA and the Corps to Reconsider the 2015 “Clean Water Rule”

On February 28, 2017, the Trump administration issued an Executive Order (the “Order”) directing the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) to begin the process of “revising or revoking” the Obama administration’s 2015 “Clean Water Rule” (the “Rule”) which sought to define the extent of federal jurisdiction over “waters…

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Appellate Court Denies Motion to Enjoin Brooklyn Heights Library Redevelopment

By: Jonathan Kalmuss-Katz On March 7, 2017, the New York State Supreme Court Appellate Division, Second Department, denied a motion to enjoin the redevelopment of the Brooklyn Public Library’s (“BPL”) Brooklyn Heights branch, which will provide a modernized library within a new 36-story, mixed-used building featuring 134 market-rate apartments, two retail spaces, and a science,…

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DEC Adopts Regulation Establishing Sea-Level Rise Projections for New York

The New York State Department of Environmental Conservation (“DEC”) recently announced the final adoption of a regulation establishing science-based sea-level rise projections for New York’s tidal coast. The regulation, which implements the Community Risk and Resiliency Act (“CRRA”) of 2014, was first proposed in late 2015 and was revised in late 2016. The final regulation…

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