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New York Environmental Law

Appellate Court Denies Motion to Enjoin Brooklyn Heights Library Redevelopment

By: Jonathan Kalmuss-Katz On March 7, 2017, the New York State Supreme Court Appellate Division, Second Department, denied a motion to enjoin the redevelopment of the Brooklyn Public Library’s (“BPL”) Brooklyn Heights branch, which will provide a modernized library within a new 36-story, mixed-used building featuring 134 market-rate apartments, two retail spaces, and a science,…

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DEC Adopts Regulation Establishing Sea-Level Rise Projections for New York

The New York State Department of Environmental Conservation (“DEC”) recently announced the final adoption of a regulation establishing science-based sea-level rise projections for New York’s tidal coast. The regulation, which implements the Community Risk and Resiliency Act (“CRRA”) of 2014, was first proposed in late 2015 and was revised in late 2016. The final regulation…

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NYSDEC Proposes First Major Amendments to State Environmental Quality Review Act Regulations in Over Twenty Years

By: Jonathan Kalmuss-Katz On January 23, 2017, the New York State Department of Environmental Conservation (“NYSDEC”) proposed the most significant changes to its regulations implementing the State Environmental Quality Review Act (“SEQRA”) in more than twenty years.  The proposal aims to streamline the environmental impact review process in New York, particularly for projects that advance…

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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,…

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New York State, New York City and Federal Authorities Highlight Living Shorelines for Ecological Preservation and Restoration

Also by: Heewon Kim New York State: Proposed Guidance Emphasizes Development of Living Shorelines On December 28, 2016, the New York State Department of Environmental Conservation (“DEC”) released a draft guidance document highlighting the use of natural and nature-based features in shoreline stabilization, also known as “living shorelines.”  The guidance promotes a consistent approach to…

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New York Offshore Wind Activities Update – Auction Completed, Lawsuit Proceeds, Cuomo Announces Goals

By: Ed Roggenkamp BOEM Auctions Offshore Wind Lease for New York Wind Energy Area On December 15 and 16, 2016, the United States Bureau of Ocean Energy Management (“BOEM”) conducted a competitive auction for a lease allowing development of an offshore wind farm in an 79,350-acre area south of Long Island. The New York Wind…

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