Posts marked "Administrative Law"

On September 21, 2015, a New York State Supreme Court justice dismissed a challenge to the construction of a hotel and residential development project bordering Pier 1 of Brooklyn Bridge Park (the “Pier 1 Project”), ruling that lawsuit was barred by the applicable, four-month statute of limitations. Sive, Paget & Riesel and the New York … Read Post



The New York State Department of Environmental Conservation (“DEC”) recently proposed regulations to define key terms in the statutory amendments to the Brownfield Cleanup Program (“BCP”). DEC is accepting public comments through August 5th, 2015 on these proposed regulations, which have significant implications for the availability of brownfield redevelopment tax credits. The Environmental Law Section … Read Post


On May 13, 2015, the New York State Department of Environmental Conservation (“DEC”) issued its Final Supplemental Generic Environmental Impact Statement (“Final SGEIS”), which completed the state’s environmental review of the potential permitting of high-volume hydraulic fracturing (“fracking”). The Final SGEIS concludes, in accordance with the results of a State Department of Health (“DOH”) review … Read Post



On November 25, 2014, the US Environmental Protection Agency (“EPA”) proposed to strengthen the Clean Air Act’s National Ambient Air Quality Standard (NAAQS) for ground-level ozone. The proposed regulation would lower the threshold for ozone pollution from 75 parts per billion (“ppb”) to a range of 65 to 70 ppb, which falls within the 60 … Read Post


Last month, New York Governor Andrew Cuomo signed the Community Risk and Resiliency Act, a law requiring consideration of climate change impacts across a broad of range of permitting programs, land use plans, and other state and local initiatives. The Act, which garnered broad support in the New York Senate and Assembly earlier this year, … Read Post


Following the New York Court of Appeals’ decision allowing municipalities to ban hydraulic fracturing (“fracking”) operations within their borders, in recent weeks there have been three additional developments relating to fracking on a state and national level. On July 14, 2014, EPA extended the deadline for comments on a proposed rule governing disclosure of chemical … Read Post


On Monday, June 23, the U.S. Supreme Court issued Utility Air Regulatory Group v. EPA, a mixed decision with three key holdings: (1) that the Environmental Protection Agency (“EPA”) has the authority to regulate the greenhouse gas (“GHG”) emissions of stationary sources already required to obtain Clean Air Act (“CAA”) Prevention of Significant Deterioration (“PSD”) … Read Post


In the last day of its 2013-2014 session, the New York state legislature has passed a bill to extend the deadline to qualify for tax credits under the state’s Brownfield Cleanup Program (“BCP”). The legislation, if signed by the Governor, would extend the date by which a site must receive a Certificate of Completion (“COC”) … Read Post