Posts marked "Environmental Review, Permitting and Litigation for Government-Sponsored Developments"

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 Post


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 the New York … Read Post


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 Post


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 Post


On October 25, 2016, the New York State Court of Appeals denied a motion for leave to appeal in one of three lawsuits brought to challenge the redevelopment of Pier 54 in the Hudson River Park.  The project involves the construction of an iconic new structure featuring unique landscaping, rolling topography, and areas that can … Read Post


On September 8, 2016, the Appellate Division, First Department, upheld a lower court decision dismissing litigation challenging the redevelopment of Pier 54 in the Hudson River Park.  The redevelopment project (“Pier 55 Project” or “Project”) involves the construction of an iconic new structure featuring unique landscaping, topography, performance spaces and recreation areas in the location … Read Post


On July 28, 2016, New York State Supreme Court Justice Lawrence Knipel dismissed the second of two challenges to a residential and hotel development upland of Pier 1 in Brooklyn Bridge Park, which provides critical funding for the park’s operations and maintenance.  Sive, Paget & Riesel P.C. served as counsel for Empire State Development; the … Read Post