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 a decision dated April 18, 2019, the Appellate Division, First Department unanimously and emphatically affirmed a lower court ruling dismissing the lawsuit challenging the legality of the American Museum of Natural History’s Richard Gilder Center for Science, Education, and Innovation. The Gilder Center will, inter alia, expand and modernize the Museum’s educational facilities, create … Read Post


By Elizabeth Knauer and Victoria Treanor. The development of the jurisprudence distinguishing claims properly brought under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) from those that should be brought under Section 113 of the statute continues in small steps.  In a ruling from the bench on March 26, 2019, Judge … Read Post


On March 29, 2019, the Appellate Division, Third Department ruled that the school rooms and dormitories to be used by students and rabbis at a yeshiva are required to be considered a “place of worship” as defined in the Zoning Law of the Town of Wawarsing. The litigation was commenced by Yeshiva Talmud Torah Ohr … Read Post


In February 2019, SPR closed a deal in which port developer Atlantic Offshore Terminals LLC acquired the future epicenter of offshore wind development in New York State. The offshore wind energy industry is emerging rapidly in the northeastern United States, and a critical component of its success is the establishment of a port facility where … Read Post


On February 14th, the U.S. Environmental Protection Agency (EPA) introduced its PFAS Action Plan to better understand PFAS chemicals and the extent of existing contamination, prevent future contamination, and more effectively communicate with the public regarding PFAS and associated health and environmental risks. PFAS, a group of chemicals created in the 1940s, exist in a … 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


On February 7-8, 2019, SPR principals Daniel Riesel and Pamela Esterman will co-chair the 49th annual ALI CLE Environmental Law Course in Washington, DC. The course, which is co-sponsored by ALI CLE and the Environmental Law Institute, will feature advanced-level presentations by senior public officials, distinguished law professors, seasoned private practitioners, and experienced public interest … 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


In recent years, the unpredictability of the National Flood Insurance Program (“NFIP”), administered by the Federal Emergency Management Agency (“FEMA”) has given rise to increasing uncertainty and frustration for coastal and waterfront markets located within Special Flood Hazard Areas. The NFIP program, which provides flood insurance for approximately 5 million residential and commercial properties, requires … Read Post