Posts by » Jennifer Coghlan

New York’s highest court recently upheld lower court decisions requiring the New York City School Construction Authority (“SCA”), as lead agency under the New York State Environmental Quality Review Act (“SEQRA”), to consider in the environmental review process the long-term maintenance and monitoring requirements designed to assure the continued effectiveness of the remediation of hazardous … Read Post


Developers of brownfield sites are required to file an annual report with the Tax Department (DTF-70). The report is first due within one year after the execution of a Brownfield Cleanup Agreement and for 11 years thereafter. The annual reporting period covers all activity occurring on the site from December 1 through November 30. The report … Read Post


New York City’s Local Law 84 of 2009 (the “Benchmarking Law”) requires owners of certain privately-owned buildings to submit their first annual benchmark of total energy and water use by 11:59 pm on Monday, August 1, 2011.  The law requires benchmark reporting to be completed by May 1 of each year, but the New York … Read Post


Mayor Michael R. Bloomberg and City Council Speaker Christine C. Quinn recently released a sweeping plan to revitalize and capitalize on New York City’s 520 miles of shoreline.  In addition to a three-year action agenda to complete 130 already-funded projects, it also provides specific plans and goals for various waterfront areas throughout the City. The … Read Post


The New York City Department of Environmental Protection (“NYCDEP”) has issued new asbestos regulations, which became effective February 3, 2011.   Examples of new provisions include: revisions to the definitions of “asbestos project” and “building materials”; new requirements for the contents of work place safety plans; clarification of certain items subject to the asbestos exemption certification; … Read Post


The New York State Department of Environmental Conservation (“DEC”) recently issued CP-51/Soil Cleanup Guidance, which applies to each of the remedial programs administered by DEC’s Division of Environmental Remediation (including, inter alia, the Inactive Hazardous Waste Disposal Site Remediation Program, the Brownfield Cleanup Program and the Spill Response Program).  The new guidance replaces Technical Administrative … Read Post


On August 31, 2010, Governor David Paterson signed into law the New York State Smart Growth Public Infrastructure Policy Act, which is intended to address sprawl by requiring certain state agencies to approve, undertake and fund infrastructure projects in a manner that is consistent with smart growth principles.  The new legislation will affect a variety … Read Post


On July 21, 2010, EPA issued a notice announcing its intention to request approval from the Office of Management and Budget to conduct a survey to determine the public’s willingness to pay for reducing the number of fish killed at cooling water intake structures (“CWIS”) at industrial facilities. Clean Water Act § 316(b) requires EPA … Read Post


In April 2008, EPA issued its Lead Renovation, Repair and Painting Rule, which required the use of lead-safe work practices during renovation, repair or painting activities in pre-1978 homes.  The 2008 rule, however, allowed owner-occupants to “opt-out” of that requirement by certifying that there were no children under the age of 6 living in the … Read Post


The New York State Electronic Equipment Recycling and Reuse Act was signed into law by Governor Paterson on May 28, 2010.  Beginning April, 2, 2011, the Act requires manufacturers to accept electronic waste for collection, handling, and recycling or reuse.  Covered electronic equipment includes computers (as well as accessories such as monitors, keyboard and printers), … Read Post