Posts by » Alexis Saba

By Alexis Saba and Jeffrey B. Gracer To commemorate Earth Day on April 22, 2019, New York City Mayor Bill de Blasio announced  a groundbreaking suite of laws enacted by the New York City Council to require and facilitate the reduction of greenhouse gas emissions from a significant number of buildings in NYC.  Taken together, … Read Post

In pursuit of New York City’s goal to reduce greenhouse gas emissions 80 percent by 2050 (a goal known as “80×50”), the City Council is considering multiple bills this session that aim to reduce greenhouse gas emissions from city buildings. Buildings—through their electricity use, heating, and cooling—account for at least two thirds of all greenhouse … Read Post

In a decision dated January 7, 2019, the New York Supreme Court, Dutchess County, dismissed a lawsuit challenging the Town of East Fishkill’s 2012 zoning code amendment allowing for remediation and redevelopment of former gas station properties in accordance with the bulk conditions that previously existed on the properties, without need for a special permit … Read Post

On April 9, 2018, the heads of 12 federal agencies signed a memorandum of understanding (“MOU”) that aims to streamline and shorten federal environmental and permitting reviews for major infrastructure projects.  The MOU implements President Trump’s One Federal Decision (“OFD”) policy established in Executive Order 13807 (“EO 13807”), signed on August 15, 2017 and described … Read Post

New York Governor Andrew Cuomo and New York Mayor Bill de Blasio have both recently made significant climate change-related announcements: the State’s and City’s pension funds will divest billions of dollars from fossil fuel companies.  These actions support state and local goals of reducing statewide greenhouse gas emissions 40% by 2030 and meeting the Paris Agreement … Read Post

On September 12, 2017, the New York Court of Appeals denied Exxon Mobil’s motion for leave to appeal a decision of the Appellate Division, First Department, which had held that the accountant-client privilege is not recognized in New York and therefore does not protect documents held by PricewaterhouseCoopers (“PwC”), Exxon’s auditor, from subpoena by New … Read Post

The New York State Supreme Court (Westchester County) has dismissed an Article 78 proceeding that challenged the Village of Tuckahoe Planning Board’s State Environmental Quality Review Act (“SEQRA”) determination and Site Plan Approval, as well as the New York State Department of Environmental Conservation’s (“NYSDEC’s”) selected New York State Brownfield Cleanup Program (“BCP”) remedy for … Read Post

In one of the few cases examining the intersection between the State Environmental Quality Review Act (“SEQRA”) and the State Brownfield Cleanup Program (“BCP”), the New York State Supreme Court (Westchester County), on May 26, 2017, denied a motion to preliminarily enjoin a BCP cleanup and hotel development on a former quarry site in the … 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

On June 27, 2016, commercial buildings outside of New York City will be required to come into compliance with new rules governing the installation and maintenance of carbon monoxide detection equipment. On February 22, 2014, Steven Nelson died from being exposed to carbon monoxide fumes in the basement of the Long Island restaurant he managed. … Read Post