Skip to content

Environmental Review, Permitting and Litigation for Government-Sponsored Developments

Where Can Dredge Spoil Find a Home? Connecticut Seeks Dismissal of New York Challenge to Designated Ocean Dumping Site.

By Michael S. Bogin and SPR Summer Associate Aaron Aber  Connecticut and New York will file final briefs this summer in an ongoing dispute before the Eastern District of New York, regarding the legality of the U.S. EPA’s decision to designate a site in the Long Island Sound for disposal of navigational dredge material. The…

Read More...

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…

Read More...

DEC Releases Flood Risk Management Guidance Affecting the Flood Hazard Area Applied to State Permit Applications

On June 20, 2018, the New York State Department of Environmental Conservation (“DEC”) released two draft flood risk management guidance documents intended to advise New York state agencies on how to incorporate the consideration of future climate risks, including risks of sea-level rise, storm surge, and flooding, into existing regulatory processes. The non-binding guidance is…

Read More...

NY State Legislature Passes Bill to Regulate Petroleum-Carrying Vessels on the Hudson River

By: Zachary Berliner On June 21, the New York State Senate passed by a 61-to-1 vote a bill allowing state authorities to consider environmental impacts in reviewing permit applications for the operation of petroleum-bearing vessels on the Hudson River.  It now awaits Governor Andrew Cuomo’s signature after being passed by a similar bipartisan margin in…

Read More...

New York Supreme Court Denies Motion to Preliminarily Enjoin a Brownfield Remediation and Hotel Development in the Village of Tuckahoe

In one of the few cases examining the intersection between the State Environmental Quality Review Act (“SEQRA”) and the State Brownfield Cleanup Program (“BCP”), the New York State Supreme Court (Westchester County), on May 26, 2017, denied a motion to preliminarily enjoin a BCP cleanup and hotel development on a former quarry site in the…

Read More...

Albany Supreme Court Dismisses Challenge to State Permit for Pier 55 in Hudson River Park

In a decision dated January 20, 2017, Hon. Lisa M. Fisher of the New York Supreme Court, Albany County, dismissed in its entirety litigation challenging the legality of the permit that the New York State Department of Environmental Conservation (“DEC”) issued for the Pier 55 project in Hudson River Park.  The project, currently in construction,…

Read More...