Posts by » Dan Mach

New York State has enacted major amendments to the New York State (“NYS”) Brownfield Cleanup Program (“BCP”), which grants liability protection and tax credits to developers who remediate certain contaminated sites. The following is an analysis of those BCP amendments, with particular focus on issues of interest to current and prospective BCP applicants and developers. Of interest to current … Read Post


As part of his January 21, 2015 executive budget proposal, Governor Andrew Cuomo proposed sweeping changes to the New York State (“NYS”) Brownfield Cleanup Program (“BCP”), which grants liability protection and tax credits to developers who remediate certain contaminated sites. Now, as the state’s April 1 deadline to approve a budget approaches, a total of … Read Post


Yesterday, the New York Appellate Division, First Department handed down a victory to SPR attorneys representing The Hudson Companies in litigation related to the development of a residential tower, including close to 60 affordable-housing units for low-income tenants, at 626 Flatbush Avenue in the Prospect-Lefferts Gardens neighborhood of Brooklyn. In December 2013, opponents of the … Read Post


As many practitioners of telecommunications and land use law are aware, wireless telecommunications providers often attempt to preclude local government review of tower and antenna siting by claiming preemption under state and federal telecommunications laws. Such was the case in the Village of Pelham, where the Village Board approved a right-of-way agreement allowing ExteNet Systems … Read Post


SPR attorneys have secured a victory on behalf of The Hudson Companies in litigation related to the development of a residential building at 626 Flatbush Avenue in Brooklyn. The project is a mixed-use, mixed-income building currently under construction in Prospect-Lefferts Gardens, where it will add 254 rental units to that growing neighborhood without displacing any … Read Post


Today, Sive, Paget & Riesel (“SPR”) joins environmentally-minded individuals and organizations across the world in celebrating Earth Day. The first Earth Day celebration was held on April 22, 1970, and is widely credited for fueling popular support for the environmental movement and legislative reforms of the 1970s. This year, Earth Day follows on the heels … Read Post


On Monday, the U.S. Supreme Court will hear argument in six consolidated challenges to the Environmental Protection Agency’s (“EPA’s”) decision to regulate emissions of greenhouse gases (“GHGs”) from stationary sources under certain provisions of the Clean Air Act (the “CAA”). The cases come from the D.C. Circuit Court of Appeals, which dismissed the challenges in … Read Post


On December 10, 2013, the U.S. Supreme Court heard oral argument on two challenges to the Environmental Protection Agency’s (“EPA’s”) Cross-State Air Pollution Rule, commonly known as the “Transport Rule” or “CSAPR.” Under its so-called “good neighbor” provision, Section 110 of the Clean Air Act (“CAA”) requires states to prohibit the emission within their borders … Read Post


Eight SPR partners have been honored as top environmental attorneys in the New York Metro Area by Super Lawyers Magazine for 2013. Super Lawyers is a listing of “outstanding lawyers … who have attained a high degree of peer recognition and professional achievement.” Michael S. Bogin, Mark A. Chertok, Dan Chorost, Scott E. Furman, Jeffrey … Read Post


On July 6, 2010, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rule to address air emissions that cross state lines and contribute to ozone and particulate matter pollution in the eastern half of the country.  Many areas in the northeast cannot meet National Ambient Air Quality Standards (“NAAQS”) because of pollution from upwind … Read Post