Environmental Impact Review

Appellate Division Confirms That Brooklyn Heights Library Redevelopment May Proceed

On May 8, 2019, the Appellate Division, Second Department unanimously affirmed a lower court ruling dismissing a petition challenging the sale and redevelopment of the Brooklyn Public Library’s (“BPL”) Brooklyn Heights Branch. This ruling clears the way for a proposal by the developer Cadman Associates LLC (an affiliate of The Hudson Companies) to construct a…

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Appellate Division Affirms Dismissal of Challenge to the American Museum of Natural History’s Gilder Center Project

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…

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NY Supreme Court Dismisses ULURP/SEQR Challenge to American Museum of Natural History’s Gilder Center Project

In a decision dated December 10, 2018, Hon. Lynn Kotler of the New York Supreme Court, New York County, dismissed in its entirety litigation challenging the legality of the American Museum of Natural History’s  Richard Gilder Center for Science, Education, and Innovation for failure to comply with New York City’s Uniform Land Use Review Procedure…

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Federal Court Dismisses NEPA Challenge to Offshore Wind Lease

The U.S. District Court for the District of Columbia recently dismissed an Administrative Procedure Act (“APA”) litigation filed by the Fisheries Survival Fund and other commercial fishing interests related to the U.S. Bureau of Ocean Management’s (“BOEM’s”) first lease auction for a wind energy area offshore of New York State. The Plaintiffs alleged that BOEM’s…

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New York Supreme Court Dismisses Challenge to CEQR Technical Manual and Bedford Union Armory Redevelopment

In a decision dated July 11, 2018, Hon. Carmen Victoria St. George of the New York Supreme Court, New York County, dismissed in its entirety litigation challenging the legality of the City Environmental Quality Review (“CEQR”) Technical Manual and the environmental review of the Bedford Union Armory Redevelopment project (the “Project”).[1]  The CEQR Technical Manual,…

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NYSDEC Adopts Amended State Environmental Quality Review Act Regulations

By: Nathaniel Eisen On June 27, the New York State Department of Environmental Conservation (“NYSDEC”) adopted the first major revisions to its regulations implementing the State Environmental Quality Review Act (“SEQRA”) in over 20 years. The amendments, which are the culmination of more than six years of outreach, drafting, and revisions, will take effect January…

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