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Land Use & Development

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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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…

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Federal Agencies Commit to Streamlining Environmental Reviews for Major Infrastructure Projects

On April 9, 2018, the heads of 12 federal agencies signed a memorandum of understanding (“MOU”) that aims to streamline and shorten federal environmental and permitting reviews for major infrastructure projects.  The MOU implements President Trump’s One Federal Decision (“OFD”) policy established in Executive Order 13807 (“EO 13807”), signed on August 15, 2017 and described…

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Court Dismisses Article 78 Proceeding Against the Village of Tuckahoe

The New York State Supreme Court (Westchester County) has dismissed an Article 78 proceeding that challenged the Village of Tuckahoe Planning Board’s State Environmental Quality Review Act (“SEQRA”) determination and Site Plan Approval, as well as the New York State Department of Environmental Conservation’s (“NYSDEC’s”) selected New York State Brownfield Cleanup Program (“BCP”) remedy for…

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U.S. Supreme Court Establishes Multi-Factor Test to Define “Denominator” in Regulatory Takings Cases

On June 23, 2017, the United States Supreme Court in Murr v. Wisconsin announced a new test for defining the proper unit of property whose value is to be measured in determining whether a governmental regulation has gone “too far” and caused a regulatory taking. The majority rejected opposing bright-line tests advocated by the parties…

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New York Budget Legislation Establishes New Regulations for Solid Waste Sites

By: Jonathan Kalmuss-Katz The budget legislation signed by New York Governor Andrew Cuomo last month contains several high profile environmental provisions, including more than $1.5 billion in grants for drinking water infrastructure improvements; the creation of a new Drinking Water Council to develop a plan for addressing “emerging” contaminants such as perfluorooctane sulfonate (“PFOS”) and…

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